Sunday, August 11, 2019

European Union Law - Institutional Balance Essay

European Union Law - Institutional Balance - Essay Example Initially, the crusade was focused on centralizing the coal and steel industries of Europe for better control and protection. It was thus evident at the start that the reason for the amalgamation was economics which explains why the group was earlier created as the European Economic Community.1 Since the interrelations and interactions among the members of the community were embodied in treaties or equivalent covenants, there was a need for an adjudicatory body to ensure that the provisions and terms of those agreements between and among independent territories or jurisdictions were religiously kept and to see to it that the institutions and agencies under the Union formulate and execute acts and deeds which are legally in pursuance of those treaties and covenants. This led to the establishment of the Court of Justice of the European Union in the year 1952. The tribunal is now one of the seven pillars of the European Union and its judicial authority cooperating with the courts of the member states.2 The coordination includes matters of interpretation of the relevant laws and rules. The most important sources of law are legislation and jurisprudence, also called case law or common law. In the case of the European Union, it key institutions have legislative powers. ... even without these law-making bodies, there are already several treaties between and among member states which have been in force and effect and which necessarily become components of European Union Law. Most of these legal agreements are now incorporated in the European Union Consolidated Versions of the Treaty on European Union and of the Treaty Establish the European Community. The European Council Treaty and Protocols which was amended by the Treaties: Merger Treaty, the several Acts of Accession, the Budgetary Treaties and others also form part of the European Union Law. Secondary legislations in the nature of regulations, directives and decisions issued and adopted by the European Council, as well as international agreements for and in behalf of the Union, are also included in the whole legal framework. It is worth to note that the European Council, known today as the Council of the European Union, is composed of the representatives of the Member States who hold ministerial lev el positions. While there is only one Council, it is not a fixed institution and its designation and membership depend on the subject matter then at hand. Hence, if the issue then prevailing is about agriculture, the respective agriculture ministers will be the participants and the body will then be called the Agricultural Council.3 There can therefore also be a Council of Foreign Affairs, or of Finance, or of Home Affairs, etc. It is likewise important to observe that institutional balance is of fundamental significance in the political sphere of the European Union. No less than the key institutions of the union zealously advocate this kind of neutralization in order to conserve and maintain order, working harmony and decorum among all the branches and instrumentalities of the

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