Essay
Unit 2 BTEC Applied Law D2 (Evaluate the impact of European Law on English Law)
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Essay of 16 pages for the course Unit 2 at CC
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Unit 2 D2Evaluate the impact of European Law on English Law
The European Union has a massive effect on the law in the UK, all law passed
within the UK must comply with EU Laws and regulations, if it does not then the
UK can be subject to fines from the EU and anyone affected by the law will be
able to take the UK to the European Court of Justice. To understand what effect
the laws made by the EU have on the law in the UK we must first understand
what the European Union is, what it consists of, and how it delivers its laws.
European Union
The European Union (EU) is built upon a unique institutional system. The
origins can be traced back to the 1957 Treaty of Rome, which created the
then European Economic Community (EEC). The Treaty of Rome was primarily
concerned with stimulating economic growth by creating a common market
for the movement of goods, people and services between the member states.
Since then the political, economic and legislative powers have greatly
extended and the current European Union, built upon the "institutional
triangle" of Commission, Council and Parliament, directly influences all our
lives. References to the “common market” are now replaced by references to
the “single market”.
The Commission
The European Commission is the administrative side of the EU. The President
and other members of the Commission are appointed by the member states
after they have been approved by the European Parliament.
The Commission:
is the Union's executive body, it is responsible for implementing
legislation (directives, regulations, decisions), budgets and
programmes adopted by Parliament and the Council
has the right to initiate draft legislation by presenting legislative
proposals to Parliament and the Council
acts as guardian of the Treaties and, together with the Court of Justice,
ensures that Community law is properly applied
represents the Union on the international stage and negotiates
international agreements, chiefly in the field of trade and cooperation
is divided into a number of Directorates General, of which those of DG
Environment (DG ENV), DG Enterprise and Industry (DG ENT), and DG
, Transport (DG TRANS) are the most significant for chemicals issues.
The Council
The Council of the EU is the EU's main decision-making body. It is the
embodiment of the member states, whose representatives it brings together
regularly at ministerial level. Council meetings are prepared by the
Committee of Permanent Representatives which is made up of ambassadors
to the Union from member states' own governments. These ambassadors act
as a link between the member states & the EU. Their preparatory work and
the agreements they make on non-contentious proposals mean that when the
ministers meet much has been agreed and only matters still in dispute need
to be negotiated.
The Council:
is the EU's legislative body, (exercising that power in co-decision with
the Parliament)
coordinates the economic policies of the member states
concludes, on behalf of the EU, international agreements with other
states or international organisations
shares budgetary authority with Parliament
develops the EU's common foreign and security policy, on the basis of
general guidelines established by the Council
coordinates the activities of member states and adopts measures in
the field of police and judicial cooperation.
The European Parliament
The European Parliament is directly elected (every five years) by citizens.
It has three functions, it:
shares with the Council the power to legislate, i.e. to adopt European
laws (directives, regulations, decisions), and thereby ensures the
democratic legitimacy of the texts adopted
shares budgetary authority with the Council and can therefore
influence EU spending
exercises democratic supervision over the Commission. It approves the
nomination of Commissioners and has the right to censure the
Commission. It also exercises political supervision over all the
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