EC Law :: essays research papers fc

EC LAW ASSIGNMENTGary Slapper states that ever since the UK joined the European Community it has progressively, but accomplishmentively passed the the power to create law of natures which have effect in this country to the wider European institutions such(Slapper99 P.33) So in exclusively practical terms the UKs legislative, executive and judiciarys powers atomic number 18 in the main controlled by and operated within the framework of the European confederation laws. The increasing importance of Uk judges to consider the issues and principles of EC Law is clearly unpatterned now as regards such issues as human rights and employment rights. National Judges essential consider the practical realities that they must abide by EC rules regarding four areas of 1. Direct Applicability,2.Direct Effect and that3.EC Law following the case of Costa v Enel (1964) prevails over the topic laws of each member state. Lastly 4. that in approach shot to a decision the National judge has the o ption to request a preliminary hearing under Art.177 from the European judiciary on a bailiwick legal dispute. It is these four areas that must be looked at in by the national judge when they are considering a case.With the fact that regulations are directly relevant under Art.189EC to all member states and that the UK has adopted the Monist stance (i.e. Community Law automatically becomes UK law) then judges have little option in roughly areas of law, but to follow Ec laws/Treaties. This comes via the European Communities Act 1972(S.2) and is affirmed in Ec case law 34/73 Variola 1973.National judges must also consider that Ec directives are part of domestic law and thus have legal existence even before their confirmation into national law.National judges must also consider that Ec Law regarding matters that come before the domestic courts is also Directly Effective (involving treaties) and it enforces rights and duties for Ec nationals, which piece of tail be enforced in domes tic courts. This was established in the landmark case of Van Gend en Loos 1963.The National judge has to apply community law in the absence or in place of national law then a provision of such community law must to all intents and purposes be unconditional, clear and precise to form part of Uk law. Kaczorowaska98 P275 .The National judge has the ability to use discretion in the form and carrying into action procedure. Indeed with the concept of indirect horizontal direct then domestic judges are required to interpret their law in line with that of the community which basically emphasises the supremacy of Ec law as seen in Von Colson and Kaman 1984.