EUROPEAN UNION LAW PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 8. EUROPEAN UNION LAW

 

A What is the EU? The European Union (EU) was created in 1992 by the Treaty on European Union (the TEU), generally called the Maastricht Treaty. The EU consists of three different communities: the ECSC (European Coal and Steel Community), the European Community (the EC, formerly known as the European Economic Community Treaty or the EEC treaty – also known as the Treaty of Rome), and EUROTOM (European Atomic Energy Community Treaty). The EU has what are referred to as ‘the three pillars’: Note: subsidiarity – the Community may only take legal action where it has exclusive competence, that is, power to govern, and where an action cannot be achieved by member states acting within their natural institutions, for example a trans-national action. B How does the EU impact on Member states? The EC Treaty is directly applicable in every Member State. Accession to (membership of) the Community limits the power of national governments and affects national sovereignty – the power to govern. Community law has supremacy over, that is, overrides, national law. This supremacy was established in the case of Costa v ENEL (Case 6/64) ECR 545. The Single European Act 1986 made provisions (legal conditions) creating an obligation on the community to take the necessary measures to achieve the Internal Market. Under Article 249 (ex Art 189) there are five types of legal act which the Community may use.     EXERCISES 8.1 Find five phrases in A opposite used to indicate that a term has another name. for example ‘formerly known as’. Then use appropriate phrases to complete the sentences below. There is more than one possibility for one of the answers. 1 Under EC law, anything which can be bought or sold is _______ _______ goods. 2 Beijing was _______ _______ _______ Peking in the West. 8.2 Rearrange the underlined letters to make words in the extracts below. Look at A and B opposite to help you. The (1) laennirt market shall comprise an area without internal (2) stenrirf in which the (3)reef (4)vemmnote of goods, persons, (5)essricev and capital is ensured in accordance with the (6)noopssivir of this (7)yetrat. 8.3 Are the following statements true or false? Find reasons for your answers in A and B opposite. 1 Member states ate required to incorporate European legislation into national law and to recognise the jurisdiction of the European Court of Justice in matters of EU law. 2 The national legislation of Member States takes precedence over Community rules.

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