Monday, September 9, 2019
The Concepts of Case Laws and Statutes Research Paper
The Concepts of Case Laws and Statutes - Research Paper Example The supplementary foundation's law consists of case law by the Court of Justice, the general doctrines of the European Union law and international law. The supplementary bases of the European law are unrecorded bases consisting of the Court of Justice of the European Union case law, general principles and international laws. The supplementary foundations are normally of judicial derivation and are applied by the Court of Justice of the EU in cases where the secondary and/or primary legislation may or cannot resolve the matter amicably. From during the 1970s, fundamental rights which are acknowledged as the general principles of the European Union law have been incorporated into the principal legislation in the EU. The EU and its member countries are compelled to abide by the international law, as well as its customary law and treaties, and this fact by itself has particularly made it manipulate the growth of the universal principles of the EU. Nevertheless, the Court of Justice of th e EU may reject some particular principles of the international law that it regards as contrary with the composition of the EU, for instance, the principle of reciprocity in the achievement of state requirements. The Court of Justice of the EU is founded through Article 19 of the Maastricht Treaty and comprises of specialized courts, General Court and Court of Justice. The duty of the court is to ensure that in the application and interpretation of the Treaties the law is strictly observed.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.