EU law Assignment Example | Topics and Well Written Essays - 2750 words

EU law - Assignment Example The researcher states that in European Union, the most important legislative instruments are regulations and directives. A regulation is a general rule that is obligating upon member nations in whole and is directly applicable to all member states. Obligating in whole connotes that the member states has no preference as to method and form. On the other hand, directives are general rule, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice to method and form, the institutions of the member states can exercise their power. There is less clarity about their direct impact due to the wider policy freedom given to member states in transposing EU directives. Nonetheless, one should not underrate the impact of directives, and the national rules shall have to be construed in such a style that is most in harmony with the directive under reference. Because of its own breakdown to carry ou t the commitments which the directive requires, a Member Nation which has not espoused the enacting initiatives as demanded by the directive within the stipulated time may not bank upon it as against such persons. At the request of an individual who has adhered with the stipulations of a directive, may request a municipal court not to direct to implement a municipal rule which is contrary to the directive not implemented into the domestic official system of a contravening Member Nation. Further, it must sustain that demand if the commitment in issue is sufficiently precise and unconditional.2. S2 European Communities Act 1972 stipulates that â€Å"all such privileges, authorities, responsibilities, commitments and limitations ... arising by or created under the Treaties ... as in agreement with the Treaties are devoid of further ratification to be accorded official impact or employed in the UK, shall be ... imposed so ... â€Å" Further, any designated Minister, Her Majesty may by Order in Council, and or department may by rules, make provision ... for the purpose of implementing any Community commitment of the United Kingdom. Directives fall under secondary legislation of the source of EU law. A directive is a most significant legislative mechanism together with the EU regulation. Its main aim is to bring together the dual aims of both ensuring the needed consistency of Union law and honouring the diversity of national structures and customs. It is to be remembered that directive chiefly aims for the harmonization and not for the unification of the law. The rationale is to get rid of conflicts and contradictions between national regulations and laws or progressively to weep out contradictions, so that, a uniform stipulation exists in all the member nations. It is to be noted that a directive is obligatory on all the member nations as to the goal to be accomplished, but it assigns it to the national officials to fix it on how the consented community goal is to be implemented into their domestic legal structures. Especially, the member nations can take into the picture of unique domestic scenarios when implementing the community rules. What is important that an EU directive does not surpass the laws of member nations but puts a commitment on the member nations to fine -tune their national law in harmony with Community regulations? Hence, there will be two –phases of law- making practice prevail in EU3. Source - eur-lex.europa.eu †º EUR-Lex Home †º Help In UK, the â€Å"General Product Safety Regulations 2005 â€Å"is in force and these regulations are enacted in conformity with the â€Å"section 2(2) of the European Communities Act and transpose the Directive 2001/95/EC on general Product Safety† into UK law. The main aim of the General Product Safety Directive (GPSD) is to make sure that all goods aimed for or probable to be used by UK residents under realistically and normal predictable stipulations are safe. In case of mobile phones, the GPS Regulations will extend to those-aspects of safety in UK. The GPSD is applicable to