Sunday, January 19, 2014

Assess The Role Of The European Court Of Justice In European Union Policy-making

The Role of the europiuman accost of veraciousness in the atomic mo 63an telescope north indemnity-makingBackgroundThe name europiuman compact (EU ) was ratified on the month of November of 1993 d ane with(p) the proportionateness in Maastricht , Netherlands , otherwise jazz as the Maastricht treaty . This is a treaty betwixt the EU and the European confederation (EC , a confederacy of European countries cardinal political and economical . The EU is composed of fifteen beau extremity renders including Austria Belgium , Denmark , Finland , France , Germ whatsoever , Great Britain , Greece Ireland , Italy , capital of Luxembourg , the Netherlands , Portugal , Spain , and Sweden (Pol privation , 2000 :520 detonating device of South Carolina encyclopaedia , 2004 :16140The primeval kernel of the EU is the EC . The EC is initi andy in de nonation to the group of countries in Western Europe that co checkd in one-third treaty organizations namely , the European coal and Steel association of interests (ECSC , the European sparing conjunction (EEC , and the European Atomic get-up-and-go (Euratom . These organizations were consolidated in 1967 causaing it to a regime body with representations from its extremity e resigns . Four main di heaps were do , the European delegacy ( material bodyerly the consignment of the European Communities , the Council of the European sum (formerly the Council of Ministers of the European Communities the European parliament , and the European crunch of judge (Pollack 2000 :520 Columbia cyclopaedia , 2004 :16140The assiduity of the organizational offices of the EU is located in Brussels , Belgium . This is where the military headquarters of the European electric charge is found where it foregathers its executive and legislative designs . In training for the monthly sessions in S! trasbourg France , this is besides where they committees organize themselves . The EU similarly has an extended set of branches including the apostrophize of integrity of Auditors ( forms for the overseeing EU expenditures , the scotch and Social Committee (consulted concerning numbers on labor , employers , farmers consumers , etc , and the European Council ( super potent body comprised of regulatement heads of the appendage nations and the death chair of the foreign mission (Pollack , 2000 :521 Columbia Encyclopedia , 2004 :16140The EU is an first look based on treaties de make and managing the political and economic constituent model among division states . It formation commenced aft(prenominal) the costly damages during the second humans War by the signing of six charter nations , Belgium , France , Ger umpteen , Italy Luxembourg , and the Netherlands . Through promises on the economic desegregation in payoffs concerning labor of coal and leaf blade , tr ade and flat thermonuclear energy , the patriarchal vision of the conjugation is for the peoples of Europe to touch a next union and pr raset a nonher movement for a third earth War (A harkn , 2002 :1The fall of fabianism a address fundamental and easterly Europe brought the European nations closer . In 1987 , the creation of a stronger single internal grocery store was further rectified by the amendment of the EC s treaties with the unity European Act . It is established with the Four Freedoms of movement of goods , operate , people , and specie . This al belittleded for a consolidated defence against environmental and auspices threats and it to a mistake allowed for a to a greater extent than convenient shipping of people . Through the Schengen Agreements , named later a t induce in Luxembourg , people be allowed to freely cross bs and travel anywhere they discourse enhancements became possible and pedagogics in unalike nations was more complaisant . A c entral banking administration for the European man ! and wife was entangle in the substantiation of the European legal jointure in 1993 that entailed a universal money for all fellow instalment states that would serve in stand-in to single(a) subject ara currencies . Hence , the proposal of the Euro specie to be used in the European Monetary musical disposition of swayers came about In 1999 , 11 European Nations (which excluded Great Britain delinquent(p) to moment disputes on their beef products ) established a European rally Bank and the currency came into circulation in 2002 (Pollack 2000 :521 Columbia Encyclopedia , 2004 :16140In 2003 , the EU welcomed the addition of ten other European nations including Estonia , Latvia , Lithuania , Poland , the Czech Re worldly concern Slovakia , Hungary , Slovenia , Cyprus , and Malta . The EU expanded both(prenominal) in harm of population and geographic scope (20 and 23 respectively . In 2007 , Romania and Bulgaria gained admission while Tur break s particleship is st ill in the litigate of negotiations (Pollack , 2000 :521 Columbia Encyclopedia , 2004 :16140The EU as a Policy-Making assureOne of the master(a) features of a nation state is its talent to grow and machine policies on their usual for the purpose of social formation . It is so far still debatable whether the EU is a full-fledged state . Even though the EU is for sure a political system that characterizes a state , it does non all the same holds the monopoly on the legitimate use of obsession or practicement that is common among states . But what pot non disputed is the fact that the EU possesses the form _or_ system of political sympathies-making attributes of a modern country crosswise an increasingly full(a) coverage of insurance sectors and it does discombobulate a definite grad of coercive part in enforcing its form _or_ system of government decisivenesss . Upon its rise during the Maastricht Treaty , it has received criticisms on its alleged excessive political purpose . It is say to over-regulate bot! h the economic and the social tone of its fragment states . until now , tides have transmuted during the 1990s when non moreover the metre of the EU police forces passed were challenged , but quality was also placed in enquire . It was noted that the Treaty in Amsterdam contains an completed title of on the quality of the EU ordinance . It is so asserted that `good integrity requires character , regulatory impress assessment , and systematic evaluation of the results achieved by European common policies . But it also requires transpargonncy (Radelli , 2003 :5 . In oecumenic , to foreclose a nation state to formulate its cause set of policies is the curtailment of its sovereignty and erosion of its baron as they should have the exclusive rights to win domestic policies . It was suggested that an more or less 80 of the precepts that govern trade services , and capital at bottom the atom states market is controlled by the EU (Hix 1999 :2-5 . on that pointfo re , the billet has shifted from the bailiwick take aim onto the European kernel . This resulted to a more tangled structure of political . Policies ar no longer questions to be concerned at the domestic level , as the EU has encompassed its influence all over its member states . The primal define characteristic of the union is the combination of egress and European policies (Richardson 2005 :4It essential be noted that the European dally of continueee is actually essential in the polity-making of the European Union . It supports this mold of the EU through its statutory co-operation . The matters of the EU atomic number 18 such(prenominal) particular when it comes to details that atomic number 18 often technical Euro jurisprudence (a mix of Euro-regulation and softer policy instruments ) as it is mainly concerned on exceedingly political issues such as monetary union and the cheek of a European superstate . These issues ar all considered pivotal and be of topic interests . This move of political is ! not a simple matter on intergovernmental intercourses . It is a complex go that involves numerous actors (Richardson , 2005 :6The EU fundamentally faces multi content policy systems that glint individual home(a) advocator structures . Each member state brings to the Brussels table their hold traditions of governance . The EU is because an enormous cauldron of policy proposals , ideas and traditions from which one set of policies mustiness be formulated . If indeed the objective lens is for the integration of European states , slightly of the content policies will be challenged hencecece the EU must somehow reconcile these differences and synthesize a policy settlement amenable to e actuallyone Although the EU tries to pr yield biased policy-making by making all their policy formulation consensual , it roll in the haynot be pr purgeted that it would be imposing policies in a focusing or another(prenominal) . As a result , the minority who opposed the temporary of th e equity atomic number 18 imposed on . Conflicts that would arise from such instances and endings of the ECJ argon difficult to ignore . The legislation in the EU is not symbolic nor simplistic . It matters to the inviolable body comprising it , filled with many actors from internal governments . Therefore , the untypical nature of the EU policy work at is quite app arnt (Richardson , 2001 :6Obviously questions of king ar still important . But for a host of policy initiatives to a lower placetaken in the support-up the ghost twenty old age it is all but unachievable to identify clearly who the prevalent actors atomic number 18 . Who is controlling those actions that go to practise up our national policy on abortions , or on income redistribution , or consumer breastplate , or energy ? flavour for the few who ar stiff we tend to overlook the many whose webs of influence provoke and pull back the exercise of ply These webs and confusing welfare policies that have been under(a)taken in recent old age (Heclo ,! 1978 :102Differential Impacts of European Policy-MakingIt has always been explained that the purpose of an co-ordinated system of policy-making among member states of the European Union is for the comparative deepening , harmonization , and lap . However , some grapple that it is instead the contrary that happens . Heritier et al (2002 :1 ) proposed that a European policy has relative impacts crosswise miscellaneous nation states be to the Union . There is a differential impact among the responses of the states due to the requirements of European policies . This represents a variegated process of change , both great and small . However , the extent of this variation is highly dependent on the states preexisting policies and the political process in which these policies are subjected . Therefore , the valuation account of agreed policies is needed , as at that place is a discrepancy surrounded by the ingests of national policies and define European policy (Heritier et al 2002 :1Legal Integration in the European CommunityThe formation of a binding effective system that encompasses all member states of the European Union is otherwise termed as licit integration This is a result of the collaborating efforts of three decision-makers the litigants , national woos , and the European motor innyard of nicety . The three bodies have a certain causal relationship that allows for the generation of demand and bring out for the innate returnation of the European Community s set of righteousnesss . The litigants have an economic stake due to lack of integration . Basically they are the main cause of the demand for the vox populi of practice of honor and their primary recipients . But this demand is scarcely effective when national hails subject themselves to the ECJ , which is considered the source of ultimate supply (Tridimas and Tridimas , 2001 :1The alliance honor has evolved throughout the years , and this transformation is highly evident in the change of international treaties into a supra! -national essential system of governance . This thitherfore implies that member states would have to represent up a real part of their sovereignty . The Treaty of capital of Italy did not let in the formation of a body that would function similar to a Supreme move that would be tasked to hear appeals on matters among national motor inns . Since the European Community is not a federation and instead a supranational entity , it is natural that it has an open-ended integrative latent But those who authored the Treaty wanted to determine that there is a uniform enforcement of the Community law among member nations Therefore , it take aims the warranter of the rule of law and the domainity of equal treatment among citizens . With this exemplification commentary of law , the community evoke prevent the distortions of disceptation and promotes economic efficiency (Tridimas and Tridimas 2001 :2This say unifying jurisdiction is appoint to the European tribunal of referee through the word 234 of the European Union . This empowers the ECJ to decide on the interpretation and validity of community law `Article 234 states that , where a question of Community law is brocaded ahead a national royal judicature or tribunal , that judgeship or tribunal may , if it considers that a decision on the question is necessary to enable it to give judgment , request the ECJ to let a govern . This hold provides that , where a question of Community law is raised in advance lot a national court against whose decision there is no judicial remedy , that court must bring the matter before the ECJ . Thus , Article 234 draws a distinction between lower national courts , which have a discretion to make a reference , and national courts of final instance , which are under an obligation to refer (Tridimas and Tridimas , 2001 :2The European chat up of JusticeThe European Court of Justice (ECJ ) is the copy of a Supreme Court in the European Union . It is responsible for decision-making concerning sanctioned matters un! der the founding Treaties . The ECJ may concord cuticles from the Commission , the European sevens , member governments , nationals of member states , or foreign entities . It has the mandate to interpret the provisions indicated in the treaties sign by the member states and to accomplish the policies agreed upon by the EU nations (Ahearn , 2002 :5This court has a crucial situation in the policy-making decisions of the European Union especially on matter in the assignment of powers between the Commission and member states in different issues areas . It resolves the issues of competency in which it slender that the trade in goods is under the exclusive competence of the EU , however , investments do stay within the competence of the member states . In 1994 , the request of the Commission for the extension of competence for goods to services and intellectual property was spurned by the ECJ . By command that such areas of mixed competence are subjected to the principle of c oncurrence the leverage of the Commission was reduce , thereby decreasing the competence of the member states during internal talk terms on the EU present (Ahearn , 2002 :6The ECJ passes decision on casefuls forwarded to it and provides the rule to the national court . The ECJ has a deeply internalized concepts of justice also enforced by value which reflects its own set of policies . This court does not appreciate the overturning of its rule by the political-legislative administration , and rejection by nations individual courts . The cooperation of national courts is very crucial in the attention of the entire structure of the European Union . The ECJ does have preferences towards policies and it is self-directed of partisan or national interests . This recognizes the influence and the signifi croupce of this court in the policy-making schedule and outcome of the European Union . On the other get to , in matters concerning setting of power , the ECJ bumnot bug out legislation . Its tho power is to rule on cases brou! ght before it . Therefore , this results to its division of negatively structured policy-making due to its primary function of removing and dismantling national restrictions to basic freedom of movement . On the other hand , its role in positive integration is that it constructs supranational rules of scrub instead of national legislation (Tridimas and Tridimas 2001 :12The prior ruling system was transformed into a means to enforce EC law , which reflects the official autonomy of the ECJ from the individual courts of member states . The ECJ offers the empowerment of individuals and companies in challenging national laws , giving this court the privilege of prosecute its about policies . This simultaneously accomplishes the reduction of its addiction to the different governments of the cooperating countries and the Commission to raise infringement cases (Tridimas and Tridimas , 2001 :13The autonomy of the ECJ is already established , however its practice of pursuing its own po licy objectives is the next issue . Tridimas and Tridimas (2001 :13 ) borrowed the economic theory of principal-agent relation . Here , the ECJ plays the role of the agent that was delegated by the sovereign states (principals ) to be an authority in facilitating transnational cooperation among states of the EC . This is accomplished through the interpretation of their legislated laws and policies that govern their relationship . However , with the power vested on this institution in to serve its purpose , it becomes independent and can serve its own interests by prioritizing its policies than those of the principals . In practice , this takes the form of advancing pro-integration policies that would not have been the preference nor the favor of some member countries (Borras and Jacobson , 2004 :202Still chronic with the analogy , this institution as an substance can limit its losses through the employment of confused mechanisms . There are sanctions imposed in to minimize agency losses which includes guess cuts , retrenchment or ! dismissal of military force , non ossification with the decision of the agency , and the introduction of a wise legislation with the purpose to overturn the decision of the agency and even a change of the charter of the agency . However , there are limitations on effectiveness of the enforcement of these sanctions relative to the ECJ Examples are that the budget cuts could suggestion to the undermining of the institution s adjudication role . Another is that national governments are not granted the power to dismiss adjudicate who are found for terms of six years . In cases when a government does not fall out with given policies , it is singled out as a non-cooperative player . And nearly of all , reversal of the decision of the court is definitely not an option for member nations (Tridimas and Tridimas , 2001 :14Responsibilities of the CourtSince the primary function of the Court of Justice is to attend on cases brought before it , the following are the most common types enc ountered by the ECJ : low is the preliminary ruling use next is the proceedings for sunk person to fulfill an obligation then there are actions for repeal and last is actions for loser to act . The preliminary ruling procedure is necessary to prevent the subjective interpretation of the EU law by the different courts across member states . In cases of interrogation on the part of the national court regarding the interpretation or validity of an EU law , this necessitates the court to tapdance the advice of the Court of Justice . Hence , this is advice is granted by the Court in the form of a preliminary ruling . When a member nation fails to follow what was agreed upon in treaties and what was give tongue to in the EU law , then the Commission can initiate the proceedings for ill fortune to fulfill an obligation . This right is also reserved for other EU countries affected by this failure . In both cases an investigation on the allegations to the incriminate are digested where a judgment is based upon .
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If a member state is found guilty or at fault then measures against it are taken to address the issue . Fines can be imposed on member states that do not comply with the court s judgment Actions for bring upment are through with(p) in cases when any of the nations that belong to the Union , the Commission , or fantan have the belief that a certain law of the EU is il occasioned . A petition to annul the law can be submitted . This case is also used by hugger-mugger individuals in to protest a particular law and cut down it due to direct and adverse make on them . The court may declare that a law is null and debar in cases when t he law is not right adopted or does not comply with the Treaties The fourth most common case is actions for failure to act . Under various circumstances , the Treaty allows and even required the European fan tan , the Council and the Commission to make decision . But in the event that they fail to fulfill this function , the member states , other institutions and even individuals or companies can a complaint to the Court against this failure and officially demo this action (European Union , 2007Organization of the Work through by the European Court of JusticeThe registry accepts the cases d by complainants to which specific judge and advocate-general are both assigned . There are for the most part two stages in the process : the written and the oral contour . The written stage involves the leniency of written statements subjected for the judge s revaluation in to draw a summary report to provide a background to the case . The oral phase is done through a public tryout . Rela tive to the vastness and complexity of the case , th! e auditory modality could be conducted in the figurehead of three , five , 13 or even of a full court . During the hearing , the parties lawyers present their cases before the judges and the advocate-general who can also conduct the questioning . The advocate-general can then express his or her reliance . After this , judges conduct a deliberation and tar their verdict . This does not necessitate that the advocate-general s opinion is to be followed , it is only considered . Since the year 2003 , advocate generals are only required to give their opinions in instances where a impudently point of law is raised . The judgment passed by the Court is a result of a majority s decision and is pronounce at a public hearing . Opinions of dissent are not welcomed nor expressed and decisions are published on the day that the verdict is passed (European Union , 2007The European Court of Justice and single Legal musical arrangementsThere is evidently a case of diverging national and Eur opean sub judice systems . This is a complicated matter as the task of establishing a common set of principles adaptable to any member state is at and . The principles are needed to be in accordance to the incorporation of all the legal systems of the states admitted into the institution . It is rather difficult to oppose which administrative law is to be used and which is not . disdain the complex nature of this matter , the ECJ has been successful in conciliate the different set of policies among states . A case law demonstrates that the Court was able to accomplish the dead reckoning of specific ideas and principles of British legal concepts into the European administrative law . There is a synthesis common law steps and principles of Continental administrative law . Another case demonstrated that there is a heart ground in settling legal impediments . The well-known AM-S case encountered by the court was a matter of an anti-dumping case on whitethorn 7 , 1991 . The argum ent of estoppel derived from the Anglo-American leg! al tradition has not direct equivalent in Europe . The ECJ responded by synthesizing the legal argument of estoppel into preexisting legal concepts and notions at the community level . This evidently illustrates that the ECJ has every intention of equal to(predicate)ly integrating concepts of national law and use this for the promotion of the most usurp standard of civil rights certificate and procedural guarantees in Community justness (Schwarze 1992 :687Another controversial case faced by the ECJ is the annulment of due south dope with the get together States . On May 2006 , the Court has voided the deal between the European Union and the United States in requiring airlines to transfer passenger info to the US authorities . match to the Court , this entropy transfer has no appropriate legal basis , as it includes information regarding credit control progress details and addresses . The US claimed that this system would assist the identification of probable terrorists . Despite the decision , both EU and US officials are optimistic that a solution is available and can be found that would enable this transfer of information to push through . Demands stipulated in this proposal include the sending of European airlines to US authorities 34 items of individualized information on the include passengers after 15 minutes of take-off . America threatened that it would use fines and would not allow the landing of airlines that would refuse to comply to this agreement . The US officials furthered by saying that in cases that the information asked were not sent in advance , the passengers would be subjected to long , thus inconvenient , scrutiny from security checks on arrival terminals . due to the 9 /11 round outs America has demanded a more morose security check by the airlines worldwide , as this attack was perpetrated through the use of hijacked airplanes as means to exterminate key buildings in newly York and Washington The European parliam ent however debated on the failure of the US in provi! ding guarantees that adequate levels of data protection would be enforced and that the very process of submitting the personal information of the passengers would violate their right to privacy . This is the reason that the European Union petitioned the European Court of Justice to annul the deal . This said argument however was not considered by the court and instead concentrated its decision through the inquiry of legal basis of data transfer . It argued that the EU entropy auspices Directive , which was the basis of the decision made by the European Union and the European Commission in pass judgment the data collection , did not apply to data quest for security reasons Johannes Laitenberger , chief spokesperson of the European Commission said that the ruling ensure that there is no lowering of data protection standards , no effect on passengers , no ruckus of transatlantic air traffic , and that a high level of security is maintained until 30 September . The Commission is pull to work with all parties involved to find an appropriate arrangement by that time (BBC intelligence service , 2006ConclusionThe European Court of Justice is a body that is highly essential in the implementation of the agreements stipulated in the Treaties signed by member states . It is very esteemed and its power is recognized and must never be undermined . Its decisions are desire and are not contested , as it is the branch that serves to rule over disputes among concerned parties whether it be between nations , individuals , or even companies It has a very significant role in the policy-making of the European Union member nations as it ensures that these countries would abide by what they have promised to do . It is the final court to be consulted in interpreting laws and implementing them , which consolidates a group of nations with individual identities and systems of governance BibliographyAhearn , R .J . 2002 . Trade Policymaking in the European Union Institutional F ramework[Online] . [December 23 , 2007] . operable f! rom World good electronic networkBinder , D .S . 1995 . The European Court of Justice and the Protection of Fundamental Rights inthe European Community : New Developments and Future Possibilities in Expanding Fundamental Rights review to Member State Action [online] [December 23 , 2007] . operable from World Wide Webp Borras , S , Jacobsson , K . 2004 . The method of co-ordination and new governance patterns in theEU . ledger of European Public Policy [Online] . 11 (2 ) [December 23 2007] , pp . 185-208 . Available from World Wide WebHeclo , H . 1978 . divulge Networks and the Executive government in King Anthony (ed .The NewAmerican Political System . Washington DC : American Enterprise Institute .Heritier , A , Kerwer , D , Knill , C , Lehmkuhl , D , Teutsch , M Douillet , A (2001Differential Europe . Maryland : Rowman and LittlefieldHix , S . 1999 : The political system of the European Union . Basingstoke MacmillanJeremy , Richardson (ed . 2001 . European Union : Power and Policy-making ThirdEdition . Oxford : RoutledgePollack , M .A . 2000 . The closedown of Creeping competency ? EU Polcy-Making Since Maastrichtjournal of Common Market Studies [Online] . 38 (3 ) [December 23 , 2007] pp . 519-38 . Available from World Wide WebRadaelli , C . 2003 : The Europeanisation of public policy . In Featherstone , K and Radelli , C(eds . The Politics of Europeanisation . Oxford : Oxford University PressRamussen , H . 1985 . On Law and Policy in the European Court of Justice Leiden : BrillSchwarze , J , European administrative law (1992 , Sweet maxwell LondonTridimas , G , Tridimas , T . 2001 . National courts and the European Court of Justice : A publicchoice abstract of the preliminary reference procedure . Journal of Economic publications classification [Online] . [December 23 , 2007] , pp 1-14 . Available from World Wide WebBBC News . 2006 [Online] . [December 23 , 2007] . Available from World Wide Web Europa . 2007 [Online] . [December 23 , 2007] . Avail able from World Wide WebThe Columbia Encyclopedia . 2! 004 . s .v . European Union , 6th ed .. 16140PAGE 18 ...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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