This paper looks at the roles and objectives of the European Court of Justice (ECJ).
Analytical Essay # 130838 |
1,250 words (
approx. 5 pages ) |
0 sources |
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Abstract
In this article, the writer discusses that the European Court of Justice (ECJ) is a legal body within the construct of the European Union (EU) that handles legal disputes and defends the Treaties of the European Union or, in essence, it ensures the integrity of European law in all forms. The writer points out that the ECJ maintains jurisdiction over disputes that involve all member states of the EU as well as institutions therein or individuals thereof.
Tags:court, justice
Looks at the structure, function and influence of the European Court of Justice (E.C.J.)
Research Paper # 31479 |
3,650 words (
approx. 14.6 pages ) |
15 sources |
2002
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Abstract
Established in the 1950s, the European Court of Justice (ECJ), located in Luxembourg, is the judicial branch of the European Union. What is its structure? How does it function? Is it influenced by any of the member nations of the European Union? Those are some of the questions, among others, I will be exploring in this paper, which will include some of the cases that have come before the court, its decisions and its role in Europe today.
An analysis of the roles and objectives of the European Court of Justice.
Term Paper # 100646 |
1,170 words (
approx. 4.7 pages ) |
5 sources |
MLA | 2008
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Abstract
The European Court of Justice (ECJ) is a legal body within the construct of the European Union (EU) that handles legal disputes and defends the "Treaties of the European Union". This paper discusses how, up until now, the ECJ has played a central role in the ongoing development and evolution of the EU and how now it is taking a larger role within the context of EU commercial treaties and regulations involving both national and private entities.
Outline:
Overview
ECJ Objectives & Processes
ECJ Procedures
Conclusion
From the Paper
"Another method of access to the ECJ are the proceedings for failure to fulfil an obligation or similar. These proceedings are nothing more than the ability of the Commission or even a member state to start the proceedings within the ECJ's jurisdiction that will require another member state to comply with a relevant EU law or treaty (Tallberg 76). One example of this regulatory role of the ECJ is the ECJ's ruling that instructed France to accept British beef following the denouement of the mad cow scare several years ago (Tallberg 77). "
Tags:commercial, treaties, regulations, mad, cow
An examination of the relationship between the European Parliament and the European Court of Justice.
Analytical Essay # 150220 |
2,865 words (
approx. 11.5 pages ) |
8 sources |
MLA | 2012
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$ 51.95
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Abstract
The paper outlines the functions of the European Parliament (EP) and the Court of Justice of the European Communities (ECJ), the highest court in the European Union. The paper discusses how the EP has taken an interest in expanding its power, and that interest sometimes conflicts with the ECJ's role. The paper focuses on three cases that directly address EP's jurisdiction and demonstrate the ECJ's role in extending or limiting that jurisdiction. The paper also addresses the Maastricht treaty that set up the pillar system and concludes that fears that the ECJ has unduly increased the EP's power seem largely unfounded.
Outline:
Introduction
Extending the Borders of Parliament's Jurisdiction
The Maastricht Treaty and the Reinforcement Powers of the European Parliament
Conclusion
From the Paper
"The European Parliament (EP) and the Council of the European Union are the legislative branches of the European Union. The EP is the directly-elected parliamentary institution of the European Union (EU), and, as such, is the largest trans-national directly-elected institution in the world. As a result, it is one of the most powerful representative legislative bodies in the world, despite the fact that its powers are limited because each member state is sovereign. Moreover, the Treaty of Maastricht divided the European Union into three distinct pillars, a community (EC) pillar, a common foreign and security policy (CFSP) pillar, and a police and judicial cooperation in criminal matters (PJCC) pillar. The EP's involvement is practically limited to the EC, though it does have some limited power and influence in the CFSP and PJCC pillars. Because the EP's influence is the strongest in the EC, it has a significant amount of control over the EU's economic security. For example, the European Parliament legislates in the following areas: customs, economic markets, agricultural policy, social policy, fisheries policy, economic competition, education, culture, citizenship, immigration, political asylum, consumer protection, healthcare, research, and environmental law. Despite its virtual limitations to one pillar, the EP has significant power. For example, it has control over the EU's budget and can veto appointments to the European Commission."
Tags:Maastricht, treaty, jurisdiction, pillars, powers
This paper examines the role of the European Court of Justice in the political integration of the member states of the European Communities: European cooperation in economics, national interests, law and integration of actions and policies.
Essay # 18405 |
1,575 words (
approx. 6.3 pages ) |
11 sources |
1990
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From the Paper
"This research examines the role of the European Court of Justice in the political integration of the member states of the European Communities. The Court of Justice is a body of the European Communities. There are several sub-communities of the European Communities, of which the most widely known is the European Economic Community.
Integration in Europe
Within the context of international regional integration, there are five levels--(a) free-trade area, (b) customs union, (c) common market, (d) economic union, and (e) political union (Grosse & Kujawa, 1988). Each successive level involves a greater degree of integration. At the lowest level of integration, the free-trade area, tariffs are eliminated on the ... "
Description, history and problems associated with one of the most important aspects of the European Union.
Essay # 29397 |
2,062 words (
approx. 8.2 pages ) |
10 sources |
MLA | 2003
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$ 39.95
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Abstract
The ultimate authority to rule on the interpretation of European Union law resides with the Court of Justice of the European Union. This paper discusses the ECJ in detail, with particular attention paid to its history. Also discussed are its relations to Great Britain and France, as well as relevant problems the ECJ faces today.
From the Paper
"Historically, Britain's Parliament held the position of supremacy in the country but this is currently challenged by the right the ECJ to rule on whether British law is compatible with European Union law (Curtis 110). The notion that a body of laws supersedes British Law and that Britain is bound somewhat to the written constitution of the European Union creates a problem in the minds of many British people, both those within the government and common citizens (Curtis 110).
The European Union (at this time the European Community) challenged British Parliamentary sovereignty in 1991 when the EC threatened to take legal action to stop British Rail construction projects for environmental reasons (Curtis 110)."
Tags:caporaso, constitutionalization, sovereignty
Enlargement of the European Court of Justice
Term Paper # 2108 |
2,695 words (
approx. 10.8 pages ) |
11 sources |
2001
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$ 48.95
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Abstract
This essay discusses the history of expansion of the power of the European Court of Justice (ECJ) jurisprudence over the legislation of European Union member states, and examines several explanations for this expansion. The author then considers how this application of ECJ law impresses on the integration of the acquis communitaire into the administration of both the existing member states and the accession states. The paper concludes with a brief discussion of the implications that the expanded role of the European Court of Justice may hold for the future of the European Union.
Introduction
Expanding Role of the European Court of Justice
Role of the ECJ in the Integration of EU Policy
into "Sovereign" States & Implications for the Future of
the European Union
Conclusion
From the Paper
"Since the 1950's the European Court of Justice's role in European society has grown dramatically. This growth has perhaps been unnoticed by politicians in the various member states of the European Union. Additionally, most political scientists have largely ignored the European Court of Justice.[1] The expansion of the ECJ has reached a point where ECJ jurisprudence is being used by national courts to overrule some laws promulgated by national legislatures![2] Given that no existing treaty within the EU provides this sort of autonomy or authority to the ECJ [3], one would not be silly to question how such a situation has come about."
Tags:community, court, european, union, enlarge, effect, law
An analysis of legal procedure and precedent in the European Union.
Research Paper # 66713 |
3,000 words (
approx. 12 pages ) |
6 sources |
MLA | 2006
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$ 53.95
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Abstract
This paper examines how the European Court of Justice functions with regards to the individual nations that comprise the European Union. The paper begins with an overview of procedure, including a description of the court's purview over preliminary rulings. Next, the paper analyzes the right of EU citizens to sue a national government if they believe it failed to protect its rights as a citizen of the EU. In particular, the paper examines application of this right in the United Kingdom. A detailed discussion of precedent cases follows, including one about asylum-seekers and another about motor vehicles injury compensation.
Table of Contents
Introduction
Analysis
Conclusion
From the Paper
"The European Court of Justice can decide certain types of cases when they are brought up before it, but the main function of the court is to issue rulings of the court which are called preliminary rulings. This is actually the main job of the court. For these rulings the national courts approach the European Court for the interpretation of the European Community in the correct manner. Once the national court has approached the European Court, and has been given a ruling, the national court is expected to go by that ruling. This is the main purpose of having the Court, in so far as it makes a uniform application of EC law throughout the Union. There is an obligation on the part of the national or supreme courts to ask for a preliminary ruling if they have any doubts as to the interpretation of any particular piece f legislation hat has been given by EC. This is for all issues which are regarding the basic ones as also certain issues regarding police co-operation and the methods of establishing closer co-operation between countries. There is no compulsion on the reference of issues of the second type (Preliminary rulings)."
Tags:injury, compensation, motor, vehicles, assylum, United, Kingdom, England, Scotland, Luxembourg, Treaty, of, Rome
Investigates the impact on the laws of European Union (EU) member states of the human rights provisions set out in the Treaty of Lisbon.
Term Paper # 149066 |
3,575 words (
approx. 14.3 pages ) |
30 sources |
MLA | 2011
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Abstract
This paper explains that, although the European Union (EU) was created originally as a solely economic community, its expansion into political and social spheres has made it necessary for it to develop a human rights policy. Next, the author presents an overview of the development of human rights law in the ECJ (Court of Justice and the General Court) prior to the enforcement of the Lisbon Treaty, particularly with regard to sources of law and reviews the legal status given to the Union's own Charter of Fundamental Rights (ECHR) and the accession of the EU to the ECHR. The paper concludes by projecting the potential impact of these Lisbon Treaty provisions on the Court in terms of how it will develop its human rights law in the future The paper includes footnotes.
Table of Contents:
Abstract
Introduction
Sources of Human Rights Law in the ECJ Prior to the Implementation of the Lisbon Treaty
The Impact of the Lisbon Treaty - Giving Human Rights An "Independent Foundation" in EU Law?
The EU Charter of Fundamental Rights
EU Accession to the ECHR
The Independent Foundations of EU Human Rights Law and their Effect on the Future Development of Human Rights Law in the ECJ
Conclusion
From the Paper
"It was with the emergence of the doctrine of supremacy of EU law and of direct effect that questions began to be raised in terms of how EU law impacted upon the national human rights provisions of Member States. German appellants in particular were concerned about the effect of EU law on their constitution, which has a heavy emphasis on human rights. Recognising that the Union could no longer ignore such issues, the Court began to alter its stance. The first of the cases to evidence this new approach was the "celebrated judgment" of Stauder v. City of Ulm in which the Court expressly recognised fundamental human rights as an element of the "general principles of law" by which they were led. The case of Internationale Handelsgesellschaft mbH v. Einfuhr-und Vorratsstelle fur Getreide und Futermittel built on the judgment in Stauder, the Court stating that while it was unable to assess Community law in light of the fundamental rights "as formulated by the constitution of that state", respect for fundamental human rights formed an integral part of the general principles of law protected by the Court of Justice, and these principles were "inspired by the constitutional traditions common to the Member States.""
Tags:cases supremacy, independent foundation, court, judicial activism
"This paper discusses the law relating to equality in the European Community EC: Non-discrimination involving commercial entities & individuals by nation & gender, Court of Justice and Treaty of Rome, principles, labor, equal pay for equal work, pensio
Research Paper # 21823 |
8,100 words (
approx. 32.4 pages ) |
65 sources |
1995
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$ 104.95
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From the Paper
"This paper will discuss various aspects of the law relating to equality in the European Community. The paper will specifically focus upon how the European Court of Justice has interpreted various provisions of the Treaty of Rome, the subsequent EC Treaty, and the directives issued by the European Council with regard to equality. The first part will provide an introduction to the idea of equality in the law of the European Community. The second part will examine the principle of equality with regard to gender in EC law. Within this section, the main emphasis will be upon Article 119 of the Treaty of Rome, which mandates equal pay for equal work. This part will also discuss the important directives concerning equality adopted by the Council and directed towards the Member States."