EU LAW Term Paper Example | Topics and Well Written Essays - 1500 words

EU LAW - Term Paper ExampleThis implies that there was the evolution of certain pertinent effective principles from a national level to conform with European Union laws and systems.The potential conflict light-emitting diode to the creation of the General Principles of European Union Law. The General Principles created a framework through which the new legal instruments of the common market could be streamlined and applied in all national jurisdictions (Tridimas, 2006). The General Principles accommodate a set of concepts that guide the courts in the enforcement of European Union Laws (Schwarze, 2006). They are invoked to ensure that the potential tensions surrounded by EU law and local laws are minimized. More importantly, they are applied to ensure that the spirit of the European Union law is honoured in cases.They main concepts in the General Principles of EU Law include key right, proportionality, certainty, equality and subsidiarity (Foster, 2011). Individuals can therefore request for review of their cases on the bases of these principles when they feel it is non full honoured.Article 5 (3) of the EC Treaty states that Any action by the Community shall not go beyond what is necessary to achieve the objectives of this treaty. This implies that the interpretation of EU law should not be do such a way that people will incur disproportionate hardships.In R V Intervention Board ex parte Man (Sugar) Ltd1, a company was to incur over a gazillion dollars in fines because their application for a permit delayed by a few hours. It was held that the fine could not be imposed on the company because of this principle.The European Union honours the principles of liberty, democracy, respect for human rights, profound freedoms and the rule of law amongst Member States (Article 6). This means that the fundamental rights of individuals must be respected in either case. Courts must be sensitive to the rights of humans in cases that are brought