Figure 5.14: the EU and the EC The European Union now encompassing the Community IS NOT: a state in its own right; OR a federation of States with a federal government. The European Union now encompassing the Community IS: an absolutely unique supra-national organisation. The preamble to the Treaty of Rome invited other European States to join the founding six and has expanded to a total of 15 Member States at present: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and the UK. In addition, there are 13 States waiting to join. The EC has a special application procedure and States need to match a range of criteria judged against human rights records and economic stability prior to joining. The 13 States, which are formerly referred to as ‘candidate countries’ (CC) have been in pre-access preparation for a few years. The 13 candidate States are Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia and Turkey and 10 of these are likely to join in 2004 with two in 2006 and the place of Malta and Turkey undecided. These matters change, however, and for updated information you should use the European Union website: www.europa.eu.int. 5.5.4 The treaties setting up the Community and the Union There are a number of treaties that are important for the setting up of the Community and the Union. They have been chronologically listed in Table 5.1, below, with their range of names, main purpose, and the type of treaty. This table should provide you with a useful and quick reference for future use. Following on from the table is a diagram (Figure 5.15, below) that sets out the treaties according to type and function rather than date. Considered together, Table 5.1 and the diagram in Figure 5.15 give a clear view of the main treaties establishing the Community and the Union.

2012 ◽  
pp. 149-153
Keyword(s):  
European Union ◽  
Human Rights ◽  
Federal Government ◽  
The European Union ◽  
Economic Stability ◽  
Application Procedure ◽  
Treaty Of Rome ◽  
The Uk ◽  
And Function ◽  
National Organisation

scholarly journals Young People’s Engagement With the European Union

2017 ◽  
Vol 225 (4) ◽  
pp. 313-323 ◽  
Author(s):  
Dagmar Strohmeier ◽  
Martyn Barrett ◽  
Carmen Bora ◽  
Simona C. S. Caravita ◽  
Elisa Donghi ◽  
...  
Keyword(s):  
Climate Change ◽  
European Union ◽  
Human Rights ◽  
Young People ◽  
Political Engagement ◽  
Demographic Variables ◽  
The European Union ◽  
The Uk ◽  
Future Vision ◽  
The Eu

Abstract. This study investigated whether demographic variables, efficacy beliefs, visions, and worries are associated with four different forms of (dis)engagement with the European Union (EU): intended voting in the 2019 EU elections, nonconventional political engagement, psychological engagement, and the wish that one’s own country should leave the EU. The sample comprised 3,764 young people aged 16–25 years living in seven European countries: Albania, Austria, Germany, Italy, Romania, Spain, and the UK. Economic challenges, human rights, and the environment were the most important future visions; unemployment and poverty, climate change, civil unrests, and collapse of the EU were the most important future worries. The four forms of (dis)engagement with the EU were differentially associated with predictors, although internal efficacy and future vision of economic challenges predicted all forms. Implications for future EU policy are discussed.

Public Law Concentrate

2021 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Separation Of Powers ◽  
Public Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
The Status ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.

3. Sources of law: Authority and process

2021 ◽  
pp. 27-70
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legislative Procedure ◽  
The Law ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The legislative functions of the devolved administrations are mentioned. The law-making functions of judges, particularly through case law and the interpretation of statutes, are also considered, as is the impact of the Council of Europe on human rights. Finally, an outline of the law-making processes of the European Union is given.

scholarly journals The Relationship Between the Court of Justice of the European Union and the European Court of Human Rights in the View of the Accession

2015 ◽  
Vol 16 (6) ◽  
pp. 1375-1386 ◽  
Author(s):  
Francesco Cherubini
Keyword(s):  
European Union ◽  
Human Rights ◽  
Control Systems ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Court ◽  
Treaty Of Rome ◽  
Jurisdictional Control ◽  
The Relationship

The jurisdictional control systems (or, to be more accurate, the quasi-jurisdictional control systems) created within the European Convention on Human Rights (ECHR) and the European Union (EU) considerably differ one from each other, besides reflecting the different origin of the treaties in which they have been fashioned; the first, in fact, is a “third system” with respect to States Parties, a system whose unique competence is the subsidiary protection of fundamental rights; the second is instead in charge of safeguarding the uniform implementation and interpretation of norms being mainly targeted at the creation of an Area of Freedom, Security and Justice, developed from the original idea of a “common market” envisaged in the 1957 Treaty of Rome.

The charter of fundamental rights of the European Union: Pandora’s box or panacea?

2003 ◽  
Vol 45 (5/6) ◽  
pp. 145-176 ◽  
Author(s):  
Diane Ryland
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Treaty Of Rome ◽  
Internal Policy

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein

11. Parliamentary Sovereignty within the European Union

2021 ◽  
pp. 281-317
Author(s):  
Ian Loveland
Keyword(s):  
European Union ◽  
First Century ◽  
The European Union ◽  
European Economic ◽  
European Constitution ◽  
Constitutional Order ◽  
Parliamentary Sovereignty ◽  
Treaty Of Rome ◽  
The Uk

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing in what senses continued EC membership in the early part of the twenty-first century might have entailed a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the domestic constitution between Parliament and the courts.

International Obligations and The Human Rights Act

2021 ◽  
pp. 260-288
Author(s):  
Peter Reading
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Nations ◽  
The European Union ◽  
Human Rights Law ◽  
Council Of Europe ◽  
Before And After ◽  
Human Rights Act ◽  
The Uk ◽  
The Eu

This chapter explains how the Equality Act 2010 has a direct relationship with the UK’s international human rights obligations at regional and global levels in the European Union (EU), the Council of Europe, and the United Nations (UN). It is thus vital to the understanding, interpretation, and application of the Act to appreciate how it interacts with: EU equality and human rights law, before and after the UK ceasing its membership of the European Union (Brexit); the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 (HRA) which implements the ECHR; and the key United Nations Conventions which relate to issues of equality of particular groups. The UK’s membership of the EU ended on 31 January 2020. This will have a fundamental effect on the application of EU equality and human rights law to the Act. It should be noted, however, that the UK’s departure from the EU does not in any way affect its membership of the Council of Europe, or being a party to the ECHR. The ECHR has been implemented into the UK’s domestic law by the enactment of the HRA.

8. The sovereignty of Parliament

2019 ◽  
pp. 111-126
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the purposive approach to statutory interpretation; the implications of EU law for parliamentary sovereignty and the end of the supremacy of EU law when the UK exits the European Union.

11. Parliamentary Sovereignty within the European Union

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
European Union ◽  
European Economic Community ◽  
The European Union ◽  
Economic Community ◽  
European Economic ◽  
European Constitution ◽  
Constitutional Order ◽  
Parliamentary Sovereignty ◽  
Treaty Of Rome ◽  
The Uk

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing whether continued EC membership will entail a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the constitution between Parliament and the courts.

3.1 The definition of a treaty and its legal effects 5.3.1.1 Definition A treaty is a political agreement between two or more States. Treaties, conventions, charters, codes and agreements are in fact all treaties as defined by the Vienna Convention (despite the differing terms used). The sole difference between a convention and an agreement is that an agreement is usually signed by Heads of Government with no intention that it should be subsequently ratified by the State (for the meaning of ratification and the significance of signing, see below). A bilateral treaty is between two States, a multi-lateral treaty is concluded between more than two States. 5.3.1.2 Legal effect A treaty is only subject to international law and has no effect on the English legal system unless specific legislation is passed by the UK Parliament allowing the provisions of the Treaty to have such an effect. If there is the political will to translate any part of the treaty into English law this has to be specifically done by placing all, or part, of the treaty into legislation. Otherwise it merely remains a treaty at the international political level with absolutely no legal effects in the UK. It may, depending on its nature, be enforceable against Contracting States under international law. 5.3.1.3 Naming a treaty Every treaty has a formal name (which is usually abbreviated) and in addition many treaties are by custom referred to by the place where the treaty was signed! This can be confusing; check out the examples below in Figure 5.1, below. Figure 5.1: naming complexities 1 The Treaty on European Union 1992 (establishing the European Union) (a) Formal name: the Treaty on European Union 1992 (b) Abbreviation: TEU 1992 (c) Place of signing—Maastricht: It is therefore also called the Treaty of Maastricht. (Note: there was a second Treaty on European Union in 1997 (TEU 1997). Place of signature: Amsterdam, and referred to as the Treaty of Amsterdam. These similar names have to be distinguished by date and place of signature.) 2 The European Convention on Human Rights and Fundamental Freedoms 1951 (a) Formal name of treaty: The European Convention on Human Rights and Fundamental Freedoms. (b) Tends to be called The European Convention on Human Rights or the Convention. (c) Abbreviation: ECHR (d) Place of signature: London. But this is never used. (Note: this is an example of another word for treaty—a convention.)

2012 ◽  
pp. 129-129
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Vienna Convention ◽  
The European Union ◽  
Fundamental Freedoms ◽  
Definition Of ◽  
The Uk ◽  
Treaty Of Amsterdam
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