Saturday, September 7, 2019

European Union Law Essay Example | Topics and Well Written Essays - 2250 words - 1

European Union Law - Essay Example There are essential institutions that this organization comprises; these are the European Commission, the European Central Bank, the European council, the council of European Union, the European Parliament and the Court of Justice of the European Union. In this paper, we will be emphasizing on the Court of Justice of the European Union as an institution built up by the organization to settle the predicaments, anomalies and ambiguities in its polices and statutes regarding its rule of law. Also, the power of the judiciary branch and its role in the union will be tackled heavily, we will be looking into its structure and what can it do in the political sphere especially in policy making process. Thus, Article 267 of the consolidated version of the treaty on the functioning of the European Union (TFEU) will be stress also, stating its jurisdiction to give preliminary rulings concerning the interpretation of laws and treaties of the organization as well as the validity of the acts done b y the member states and of the institutions, bodies, offices or agencies of the Union. Furthermore, the composition of the European Union and its function on the states regarding its laws and its effect to their political and judicial structure will be highlighted. To what extend has the EU become a federal state? The European Union has a very important role in the political system of its member states. As mentioned above, it is comprised of several commissions, council and other political agencies which supervise the actions of the organization as well as its member countries. When the states agreed to put up the Union, they already bind themselves under the law to govern their actions between each other. Also, the existence of Union’s parliament, European council and European commission strengthen the power of the organization in governance, having a strong power to preside over the actions of its members. Thus, we can compare these proceedings of the EU into a federal form of government making the EU’s decision as the primary ruler, ensuring the validity of the action’s done by the member countries and the supervising them whether they conform to the laws set by the organization (Moe, 1990). We can assume the complete power of the Union over its member countries due to the fact that it can impose penalties and punishment to the member whose performance is against the law implemented by the organization. Article 258 of the TFEU states that â€Å"the Commission may initiate infringement proceedings (enforcement actions) against a Member State for non-compliance with EC law; rounds of negotiation with the government then ensue; if these fail, the Commission may refer the matter to the Court for decision.† Unlike other organizations like the Association of the South East Asian Nations (ASEAN) who cannot impose punishments to its member countries, the EU is a very powerful organization that it can actually control the countries that a re associated to such making a more united country like a federal state. Does the Treaty of Lisbon form a constitution for the state? The treaty of Lisbon is an international agreement, signed by the EU member states, amends the two treaties (TEC and TEU) which comprise the constitutional basis of the European Union. The treaty establishing the European Community (TEC) was renamed to treaty on the functioning of the European Union (TFEU) which is comprised of laws, rules and regulation governing its

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