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L. Jason-LLoyd's The Legal Framework of the European Union (The Legal PDF

By L. Jason-LLoyd

ISBN-10: 0203988515

ISBN-13: 9780203988510

ISBN-10: 0714642916

ISBN-13: 9780714642918

The legislations of the ecu Union keeps to extend in complexity, value and momentum, and is having an expanding influence at the lives of each individual dwelling in Britain. This booklet presents a spotlight on EC legislation.

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Extra resources for The Legal Framework of the European Union (The Legal Framework Series)

Example text

28 THE LEGAL FRAMEWORK OF THE EUROPEAN UNION Assent: The SEA introduced the idea of assent and this has been extended by the TEU. It means that the approval of both the European Parliament and the Council is required before a measure is adopted. Originally, Parliament’s assent was needed for the admission of new members and for association agreements with third countries, but the TEU has expanded the category of agreements to which it applies to include non-budgetary legislation. Budgetary Powers Parliament also has certain powers regarding the EC budget which it can amend, delay or even reject.

Failure by a member state to fulfil its Treaty obligations, by not implementing a directive either in whole or part, is subject to the same SECONDARY LEGISLATION 41 enforcement proceedings initiated by the Commission and subsequently the Court of Justice, as described earlier. DIRECT APPLICABILITY AND DIRECT EFFECT It is important at this stage to discuss these two concepts as applied particularly to regulations and directives. As mentioned earlier, a regulation is ‘directly applicable’, since it becomes immediately legally binding, uniformly and in its entirety, upon all member states.

It should also be remembered that the other member states have similarly relinquished part of their sovereignty, and that the UK has an equal measure of strength in formulating and influencing EC law as has its three counterparts, Germany, Italy and France, which together with the UK constitute the ‘big four’ within the European Community. 54 8 European Community Law in Action THE COMMON MARKET (Free Movement of Goods) Article 9 lays down the foundations of working towards a customs union. However, the actual mechanisms by which the free movement of goods can occur within the EC are those EC Treaty provisions covering the following areas: Article 12: Prohibits member states from introducing between themselves any new customs duties (on imports or exports), or any charges having equivalent effect, and from increasing those which they already apply in their trade with each other.

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The Legal Framework of the European Union (The Legal Framework Series) by L. Jason-LLoyd


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