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1/15/2013

The Law Of The European Union

Title tax the extent to which underlying rights be effectively protected in the EU healthy , with particular reference to the case justness of the tourist court of judge and the EU Charter of Fundamental RightsNasim ChowdhuryQ . Assess the extent to which fundamental rights are effectively protected in the EU legal , with particular reference to the case legality of the Court of Justice and the EU Charter of Fundamental RightsAnswerTo actualise and assess the question , it is necessary to look back to 1945 and a Europe that had been devastated by war : politically economically , and socially . In the desire to attain some form of conformity in to guarantee peace and to rebuild Europe . The exploit towards the integration of European countries was startedThe European Coal and Steel confederation (ECSC ) were established under the Treaty of Paris , signed in 1951 . The developments of ECSC took the form of the Treaties of Rome signed in 1957 , establishing the European sparing Community (EEC ) and the European Atomic Energy Community (EURATOMIn celestial latitude 1991 , Heads of Government in Maastricht that significantly expanded the aims and objectives of the Community reached a new agreement . The Treaty on European union (Maastricht ) 1992 involved the creation of the European Union . U .K incorporated of the EC law into domestic law by European Communities Act 1972 . By virtue of ss .2 2 (20 , and 2 (4 ) EC law was directly incorporated Art . 221 provide that the Court of Justice will consist of fifteen judges . They are appointed is for six term of office of six years through the term is renewable . The power of the ECJ defined in Article 243 . The Member States mainly , but not alone , in exercising its jurisdiction under Articles 173 , 177 and 228 (6 .
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Treaty explanation may raise the question of the balance of power or the limit of the respective competence of the Community and the Member States , for interpreter , questions pertaining to the interpretation of the provisions authorising derogations from the fundamental rules of the TreatySources : To assess the extent to which fundamental rights are effectively protected in the EU legal , with particular reference to the case law of the Court of Justice , it is necessary to know about sources . There are devil main sources for formulating the objectives of EC law . These are-Primary sources : treaties are the main sources of community of interests law . In these aspects where the treaties are silent , secondary sources are used Article 249 of the EC Treaty defines the different types of statute The role of the ECJ for in the most general term by Article 220of the EC Treaty and the Court of Justice shall vouch that in the interpretation and application of the Treaty , the law is observed junior-grade sources : Secondary sources are Regulations , Directives Decision , Recommendation , and opinionRegulation : Regulations are binding among the process state . They take effect immediately after universe issued . No act of parliament is required to adopt it . They live with direct applicability...If you want to get a full essay, say it on our website: Orderessay

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