• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Effects of the European Union on England and Wales Law

Extracts from this document...

Introduction

Effects of the European Union on England and Wales' Law Abstract The European Union was set up to enhance a peaceful coexistence between the various countries in Europe after the bloody Second World War. It was established to unite the European nations both economically and politically in order to attain lasting peace among the European countries. The European Union wanted to ensure a unified political dispensation among the member states based on democracy as well as a common (internal market) market among the member states. With the internal market, the European Union had foreseen much economical development in the region. The major source of law of the European Union is its treaties that bind the member states together (Perry, 1995). These power sharing treaties put in place broad policy objectives and set up institutions that can pass legislation in order to achieve these objectives. These policies include the free movement of persons, goods, services and capital. These legislations of the European Union come in two types: regulations and directives. Regulations become law in all member states the moment they come into force and therefore overriding any domestic provisions. Directives on the other hand, require members to achieve a certain result while leaving them the sole role as to how to achieve the result. ...read more.

Middle

Recently, the British government has drafted legislation to ensure that in future, parliament and the British citizens will have a say on any proposed transfer of powers from the United Kingdom to the European Union (Foreign & Commonwealth Office, 2010). The main aim of this legislation is to increase democratic and parliament control, scrutiny and accountability over European Union decision making. This legislation also means that any proposed future transfer of areas of power from the United Kingdom to the European Union will be subjected to a referendum. This is seen as a way through which the British government tries to control its activities in the European Union and subsequently retrieve the ceded power. The public support of the involvement of the United kingdom in the European Union activities has fallen over the last decade and this is seen as a way through which the government is willing to allow the public and its parliament to have the pivotal control over their country's involvement in European activities. The European community law is an integral part of the law of England and Wales. European laws go hand in hand with the English and Wales law in many different situations such as employment rules, commercial activity, consumer rights and the protection of the environment. ...read more.

Conclusion

This scheme has enabled workers to retain membership of the United Kingdom state scheme even though they are working in another member state. Several attempts have been made to calculate the impact on domestic laws of European Union requirements (European Movement, 2009). In comparison with other member states, the view that most of the laws in Britain are a result of the influence of the legislation of the European Union is considered to be true. Due to the direct effect of the EU legislation on the member state, there is no need for any member state to enact any legislation that would bring them into effect. For this reason, a Member State is required by the treaty to fully apply the law and that it does not need any form of national legislation for it to be fully effective in any Member State. This means that they impose obligation to the national citizens to the same extent as national law. Many political leaders in their respective member countries have claimed that most of their legislature originated from the European Union legislation. For instance, the then British Prime minister, Tony Blair, in his 2004 speech to the CBI claimed that half of all major new regulation comes from the European Union. The then Chancellor of the Exchequer, Gordon Brown, claimed in his pre-budget report that half of all the regulations originated from the European Union. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree European Union Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree European Union Law essays

  1. The democratic deficit is a concept created by the euro sceptics regarding the European ...

    whether the legislative proposal is compatible or not. Nevertheless, some of the certain limitations upon the functioning of the Union should not be surpassed, in order to do not let the Eurosceptics to propagate the opinions criticising the EU. This is the case in particular the referendums concerning the ratification of the European treaties.

  2. Predatory pricing strategies in the European union: A case for legal reform.

    [FN9] Such strategies may also exclude less efficient firms from the market, although a dominant firm may decide merely to engage in competition on its merits, involving many intermittent, and perhaps not systematic, price cuts, with the same effects on its rivals.

  1. Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, ...

    which is an intergovernmental organisation. It is responsible for the promotion of protection of intellectual property throughout the world through cooperation among countries and for the administration of various multi-lateral treaties dealing with the legal and administrative aspects of intellectual property.

  2. Discuss the rules of Competition law and how the European Commission enforces these Laws.

    block exemption goes along way to help this problem the fact that they do not have to be given to the Commission. Another solution to the problem was comfort letters these are letters sent out to undertakings informing them that if the investigation had been done in full the exemption would be granted.

  1. How far has the creation of a single market in goods resulted in the ...

    cannot be regarded as a service rendered to justify the imposition of a charge. Only when a service is mandatory under EC law will the states be allowed to cover the cost of the service27. Taxes imposed on imported goods, such as those levied by member states as part of

  2. EU Law - age discrimination and market access case studies.

    With B's business being a small, private one, it is unlikely that it satisfies this test either. In conclusion, we establish that P's claim is a horizontal one, thus the Directive cannot be used in a directly effective manner. Next we explore the avenue of indirect effect, created in the case of C-14/83 Von Colson v Land Nordrhein-Westfahlen.

  1. Law of the European Union

    be the case in particular where the individual seeks compensation for loss suffered as a result of the state violation of EC law. Direct applicability - is set out in article 249 and it refers to the fact that regulations do not require implementing within individual member states.

  2. EU Law - Albatros Pool problem case. Mark and Sunita must be advised that ...

    uniform and effective implementation of EC legislation was deemed to justify member state liability to pay compensation for its failure to transpose the directive. The European Court thus established a tripartite test to determine whether member states should be compelled to compensate individuals for breach of improperly implemented EC law in Francovich.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work