Annotated Bibliography - How the EU works and History.
EU law Year 2 11058706 Part A: Annotated Bibliography How EU works and History, Retrieved from http://europa.eu/about-eu/eu-history/index_en.htm on 26th November 2012 This is one of the Official websites of the European Union and its Parliament. The website is up dated with all the latest up dates on regular bases. This website is a promary source of the European Union Law and it tells us all about the EU. It gives detail explanation of the purpose of European Union and how its various instuations works. Not only this, but it also covers the EU finances, legal foundations, policies and all its activities. Unfortunately, the website does not mention the authors name nor its place of publication. I have used this source frequently throughout my assisment as it has a great source of information and explains every thing about the functions, History and the formation of European Union. We can say that the Europa website focuses only on the side of the European Union officials and ignores other public opinion in its information. In other words, we can say the website is biased but I still decided to use this website as I find it a excellent source of my coursework as it provides vast information which is relevant for my coursework and the information seems to be quiet well laid out. Foster, N. (2010). Eu
A Discussion of Van Gend en Loos v Inland Revenue
Inland Revenue v Van Gend en Loos – A Discussion Introduction: The judgment in N.V. Algemene Transport – en Expeditie Onderneming van Gend en Loos (hereinafter referred as ‘VGL’) v Inland Revenue of Netherlands (hereinafter referred as ‘IL’)[1] was revolutionary; it transformed the constitutional framework of the European Union. The Details: On 9 September 1960 VGL imported certain amount of aqueous ureaformaldehyde from Germany to Nederlands. The product was classified under the heading of 39.01-a-1[2] in the taxation of import duties and per the taxonomy of ‘Tariefbesluit’ (or Brussels Protocol); the establishment applied an import tax of 8% for the goods imported. However, VGL lodged a formal objection[3] with the authorities against the tariff based on the EEC treaty[4] which allows the goods to be taxed under heading 279-a-2 for taxation at 3% (for intra-community trade); but IL applied the new heading of 39.01-a [5] to tax VGL at 8% and hence Netherlands infringed on Article 12 of the EEC treaty[6]. This protest was dismissed in March 1961 due to inadmissibility,[7] VGL further appealed in ‘Tariefcommissie’ in April 1961, case heard in May 1962 and responded to VGL stating that the classification was based on heading 332 and not under 279-a-2, furthermore, the tariff levied on the goods was reduced from 10% to 8% under 332. However, the
EU law
Legislation within the European Union can be divided into two categories; Primary legislation and Secondary legislation. Primary Legislation consists of the Treaties; The founding of which being the Treaty of Rome. Treaties succeeding the Treaty amend it. Primary Legislation is only constructed when all Member States at Intergovernmental Conferences agree on the amendments to be made. Secondary Legislation appears in the form of Regulations, Directives, Decisions, Regulations and Opinions. Article 249(1) states; "In order to carry out their task and in accordance with the provisions of this treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions." Regulations are generally applicable and automatically become law in all Member States. Directives, as stated in Article 249 of the EC Treaty, are; "...binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and method." Directives are aimed at Member States and are conditional, unlike Treaty articles which are not. Directives rely on Member States giving affect to them, as the Member States decide how the directive is to be legislated to comply with the objectives of the Community. However,
EU law
There are two forms of EU legislation: primary legislation embodied in the treaties, and secondary legislation in the form of Regulations, Directives and Decisions which are used to implement the policies set out in the treaties.Under Article 226 EC Treaty proceedings will be initiated against Member States by the Commission if they fail to comply with the Community Law obligations There are three possible means in which Bob and Jim can enforce there rights under Community law. These are through direct effect, indirect effect and state liability. Rights can be enforced against different parties through different principles. Direct effect is a basic principle of Community law. Community law not only imposes obligations on individuals but also confers on them rights which they can invoke before national and Community courts. Direct effect differs from direct applicability. Direct applicability means that EC law becomes part of the national law without intervention of Parliament. As a result, Community law is automatically incorporated into national law. Although by virtue of Article 249 only Regulations are specified to be directly applicable, the ECJ has subsequently held that, in certain circumstances, Treaty provisions, Decisions, and Directives can have direct vertical effect as well. Directives are not directly applicable in the UK there is a requirement that member
eu law
In February 2007, the Council of Ministers and the European Parliament introduced Directive 2007/15/EC (fictitious) requiring that the use of blackboard chalk should be phased out in educational establishments by September 2008. This is due to the fact that scientific tests have shown that chalk dust can be deemed to be harmful to human health. However, the United Kingdom government does not implement the Directive by the required date, as it is confident that its existing legislation and administrative practices in the field of health and safety sufficiently fulfill the main objectives of the Directive. Recently, Jim, a teacher at a state run school and Bill, a teacher at a private boarding school, have fallen ill due to the blackboard chalk that is still in use at both schools. Advise Jim and Bill as regards their possible rights and remedies under EC law. When discussing Jim and Bill's possible rights we would initially need to establish how Community Law became to be supreme to our statutory instruments. Community Law must be defined through our constitutional system; therefore we are a dualist nation. This dualist system allows there to be two separate sections to our state, which are: Community Law and Westminster Law. These two separate legs of our state often contradict one another; therefore the question arises when these two conflict with one another. The initial
To what extent has the EU become a federal state? Does the Treaty of Lisbon form a constitution for that state?
FOUNDATIONS IN EUROPEAN UNION LAW Assignment 2008/09 To what extent has the EU become a federal state? Does the Treaty of Lisbon form a constitution for that state? The EU was formed partly out of this desire, with the early architects seeing its predecessors as the first step to a European federation. Since the 1950s, European integration in this manner has seen the development of a supranational system of governance, as its institutions move further from the concept of intergovernmental. However, with the Maastricht Treaty of 1993, new intergovernmental elements have been introduced alongside the more federal systems making the definition of the European Union much more complex. The European Union, which operates through a hybrid system of intergovernmental and supranational, is not officially a federation - though various academic observers treat it as a federal system. Federal Europe is a speculative scenario where a politically united Europe, usually in the modern context of the European Union (EU), would acquire the full features of a federation. Currently there are no reasonable grounds to declare EU as a federal state. Of course treaty of Lisbon must be mentioned as a tool which can bring prominent changes including more qualified majority voting in the EU Council, increased involvement of the European Parliament in the legislative process through extended