Eu law plzz help

Hi i am new here, i was wondering if someone could help with the question below

“One of the defining characteristics of the European Union is the extraordinary degree to which it has penetrated the individual legal orders of its Member States(.)”

Dashwood A., Dougan M.,Rodger B., Spaventa E., Wyatt D.. Wyatt and Dashwood’s European Union Law, 2011 6th edition, page 235.

Discuss critically the doctrines which result in this “extraordinary degree of penetration”.

thanks

Reply 1

TimmonaPortella

Well, do you have any thoughts? Any specific areas you want help with? You can't not know which doctrines you're supposed to talk about. if you don't, you don't want TSR -- you want a textbook.

Reply 2

lostineulaw

hi thanks for your reply:

sorry i forgot to include the following:

i will be discussing diect effect indirect effect and supremacy

Reply 3

Maicccccmannnn

Essentially, your task is to state and discuss the advantages and disadvantages of EU law having supremacy over member state law.

What are the benefits of EU law taking supremacy over the laws of the countries within it?

-Certainty: a uniform application of EU law means the manifestation (how the laws are meant to be interpreted and enacted) of laws is relatively certain. That is, if a driving law in the UK, referring to "transport", is interpreted to include cars, bikes, trucks and vans, it is certain that the same interpretation of a driving law in Germany, referring to "transport", will also include cars, bikes, trucks and vans.

-Consistency: a uniform application of EU law means laws are consistent in there interpretation and application. A consistent application of laws injects clarity into the legal system, which in turn injects credibility (as an inconsistent interpretation and application of laws reduces the actual and perceived sustainability and validity of laws).

-Transparency: a uniform application of EU laws means laws are more accessible and understandable which in turn increases transparency. This a result of the absence of competing and conflicting laws.

-Modernity: EU law can modernise archaic member state laws by replacing them with uniform EU laws which further modern values of democracy, human rights, and liberalism

-Common interests and shared values: the uniform application of EU law helps to ensure member states promote a set of common interests and shared values, as opposed to selfless, self seeking ones, which threaten the development of the EU

-Furthering the interests of the EU: the uniform application of EU laws ensure the EU ideology (of free movement of goods, trades, people, capital and services alongside macro and micro economic policies) is maintained and developed, unconstrained by member state laws which may threaten such ideals

What are the detriments of EU law taking supremacy over the laws of the countries within it?

-Contradicting member state constitutional values: It undermines the autonomy and power of member state law makers. For example, in the UK, it undermines the principle of Parliamentary Sovereignty to make laws, amend laws and repeal laws as it so wishes. This principle is seen as a bastion of the UK constitution and EU supremacy threatens to seriously undermine this value.

-Imposing potentially ineffective 'blanket' laws: Although countries within the EU have joined to promote a single set of common values, different countries have different needs and interest. Applying uniform laws means they fail to account for the competing and conflicting interests of those different countries. For example, a law dictating a certain employment policy may be very favourable to one country, whilst being equally detrimental to another. Such laws fail to solve the individual, specific problems within member states.

The principles of direct and indirect effect have there own separate issues. Make sure you don't fuse them with the issues associated with the doctrine of supremacy.

Eu law plzz help

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you