Post: #1
Title: ANALYSISING THE GENERAL PRINCIPLE OF EU COMMUNITY LAW. by. Salim abdelRhman Dekin.
Author: سليم عبد الرحمن دكين
Date: 12-05-2021, 06:49 PM
ANALYSISING THE GENERAL PRINCIPLE OF EU COMMUNITY LAW.
by. Salim abdelRhman Dekin.
The concept of Europe doesn’t come from vacuum, but it will create institution leading to an ever union among the people of Europe. However lesson has been learnt from the past savage experience. A very good example was a second world war in which million of men, women and children died, maimed or brutalized. But now it’s a goal was then as it is new to ensure peace prosperity and new step for a continent whose political has been a chaos or perhaps disintegrated. Some of different organizations with different position were established in order to take care of this goal, and also there was council of Europe to push forward political cooperation between the countries. I think the future of today European Union was the objective and strong community which was set up after the war, there was six founder countries member such as Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and finally the Netherland, brought European together and start products their production under a common bodies under stand as the best guarantee of lasting peace in Europe. I also think that the treaties which established European Union objectives and extended as for example at Maastricht 1993 or more recently at Amsterdam 1998 the member states of these community are then gathered within a single institutional framework called the European Union. Citizenship of the European Union is one the most Importance images brought in by the treaty as it is commonly known. How ever citizenship in this case is not necessary with nationality rather it refers to rights and privilege citizen is entitled to as a member community in this way EU citizenship it does not replace it the civil rights granted are simply extra rights. The number of rights conferred upon Europe’s citizens are small at represent perhaps exciting for enforcement them in the future is strong. First European citizens they have the right to travel, work or live freely in any member state perhaps there is still some way to go before this is fully accomplished. The opening up of the football transfer system is one example of this process in action equally everyone not just workers students, pensions and those looking for work in member states should yet have easy access to social security in member states other than their own as an European Union citizen he can residence in a member states other than his own and vote in that country local municipal and European parliamentary election. He can also stand as a candidate in both local and European Election in that country under the same conditions as its national all EU citizens are entitled to their Embassy for protection when visiting a country out side the European Union, they can use facilities of other member, when their own country is not represented there in contrast to some laws. The domestic law are private Citizens who can invoke their rights in domestic counts. In liberal democracies citizens are entitled to a different rights and freedoms such as civil rights, freedom of movement the right to privacy the freedom of religion and freedom from torture, and political rights such as the right to association. The freedom of speech, the right to vote in elections and the right to stand as a candidate and elected. There also economic rights such as the rights to private property, the freedom to work, the right to trade and the right to provide or receive services, and social security, the right to equality of opportunity and or out comes the right to education and health care and right of employment and freedom and security policies within EU. The member states from work and residency right to the removal of border controls between the member of stats the treaty of Rome established other economic rights for citizens of the EU member states through the rules on state aids. The common market and competition policy and also the immigration policies in this area, any person. Granted entry or citizenship in member state can move freely within the territory of EU the good of reaming the barriers on the movement of persons the member state to address the issues of the movement of persons across the borders of the EU. But the European states become more multiethnic , because, million legal immigrations to the EU this is a biggest problem which EU facing to today, and also free movement of workers is of better economic and social good enough for community, the right to move to other member states in an employed reasons seen no more than an economic duty supplies of labors, and skills in one section of the community could be shortage in anther work. But I don’t think there would be no problem for any EU citizen to move freely within member states when the work is needs, because, there equal access employment, and also the exercise of workers right a person can not benefit from free movement rights as a works until he has taken steps to leave his home state, but he may be justified on grounds of public or public security as defined by community law. But those who work or seekers not every individual wishing to go to another member state to work when he already has job, people in this area would not seem to qualify to a right of free movement since the beneficiaries of free movement treaty come to force recognize in other member states this represented more difficulties free movement as professionals to qualify before they can got their profession in other member states. I think there are still some big differences in the education and training received in different countries. I met some professionals who came in UK from different part of Europe’s and overseas as well they can not got their job before they prequalify which took them three years training qualification in further education which is not covered by any of the regulated profession if is recognized ensuring that higher education qualification obtained in one member state have to be recognized in all others. But I think self employed is different, but equal right for every citizen entitled to set up his own business anywhere in the community without needing a work permit. However he must apply for, but he will soon or later receive a residence permit which at last for five years renewable on request, if he employed more than three months of course himself, but less than one year will be issued with temporary residence permit and he may be found himself in trouble if he fail to do so he should be advised by some one who have knowledge in this area before he leave his own country, before he leave to obtain the address of the competent local authority, there are circumstances in which he may be refused entry to a member state on public security and public health grounds generally he should not constitute a change on public authority during that time and have enough money to cover legal requirement. The old age pension and the amount depends on the long of his insurance period in such cases he is entitled to an invalidity pension from each country where he has been insured with the value of each pension proportionate to the long of insurance contributions paid in other countries may be combined to help him qualify for his payment in other countries the amount of invalidity benefit is not linked to the long of the period of insurance if he have been in insured in only these countries he will receive the pension of the member state where he were insured in a country where the amount of invalidity pension depends on the long of insurance if does not he will get. He were first insured in a country where the amount of pension is independent of the long of insurance period and then in a country where the pension does depend on these periods he will get two separate pensions each corresponding to the long of his insurance periods in the respective countries individual benefit may depending on national legislation be taken into retirement benefits when he reach pension able age, any European citizen individual entitled to free medical care whilst he or she in holiday or on a business duty national of any member state can claim emergency treatment or accident just as national of that country can with the social services Europe’s guarantee of geographical and occupation mobility, and the right to a minimum level of social in the care of the principle of free movement of people the logic is that if people are to be to work and live freely in any country in the community then three must be common European provision to ensure that they can do so without suffering some disadvantages. Access social security is there essential originally the principle of free movement was confined to workers assuring them equal treatment in terms of employment wages and other working condition, throughout the community. In practical terms this has meant much work on the harmonization and mutual recognition of education and professional qualifications and on guaranteeing works the right of residence in another member state it was also need time to look for work so social security benefit were like wise extended to them progress in agreeing and implementing common social security rights has been gradual. But these rights have become more extensive and have expanded to cover a greater variety of people over time member of states agree to extend the right residence to students pensions and non- employed people provided that they have sufficient means to support themselves and better health insurance cover. Because, every citizen individual entitled to invalidity benefit in other member states invalidity schemes different across the community and the EU in some countries they are calculated in similar manner. But the exception of anything it is not clear to him to take E111 form with him when going holiday to be entitled to medical benefit in some community countries medical treatment is free in other he have to pay part of cost, and then claim a full or partial refund if he forget to take can E111form he will have to be for health care there and authority he can later claim from his insurance who ought to payment he in accordance with the refund amount of the country where he were treated. There also social security benefit are covered by the community provisions community provisions on social security apply to all national legislation on sickness and maternity accidents at work occupational disease invalidity benefits death grant under unemployment benefit and benefits of family irrespective of whether or not those benefits are financed by contributions or insurance institution or by employer social or medical assistance which means tested or to benefits provided under occupational pensions and early retirement schemes for civil servants or to benefit for victims of war or it’s consequences. This is fundamental objective of European Economic community, more further to the freedom of movement, the treaty of Rome established other Economic rights for citizens of the EU member states. I think the advantage of a single currency are many for one single currency means that travelers a cross the community to longer have to change money which losing money on every transaction as is now the case exchange margin and commission fees paid to banks will simply disappear. Small business will benefit as payment and transfers between member states end up being quicker and more reliable as well as cheaper. For business and consumers about the price for which goods are sold as has been seen fast exchange rate movement can take out profit in matter of hours. Further more if goods and services are priced in one same currency the competition effect of the single market will be strong considerable much to community benefit as a whole. In this way the single currency will also help stimulate growth and employment a move to a common currency will also mean that national government will have a big influence over each other economic policies and therefore over each other interest rate changes, a single currency will be able to resist far more confidently the pressures which have been put very clear on separate national currencies by speculators. This would also discourage suspect about rates, the decision to adopt single currency from an part of the Treaty on European Union signed by the member states in Maastricht. The Treaty will allow two countries to stay out of the single currency when time comes for them. The citizenship is reality and still on the topic of the agenda of the European Union subject status from Rome Treaty to Amsterdam Treaty there were right which related to all European citizens in Article(6) which Union was found in principles of Liberty, democracy for Human Rights and fundamental freedom. The effect of Article(6) is to give fully and formal recognition in the Treaty to what has been reality as citizenship contains a philosophy about involvement participation the sharing of responsibility and beneficial coexistence writing in 1950 in Rome convention, the citizenship having three elements civil political and social, the civil element is composed of rights necessary for individual. Freedom Liberty of person freedom of speech thought the right to own property and to conclude valid contract and right to justice so to confirm all those facts, I refer you to Article(6) Law of European community Christopher Vicenza to including same cases to support what wade as standard proof of fundamental right in Human Rights in community, the right to property and the freedom to choose a trade or profession. Article(1) of first protocol ECHR 1952(case 4.73) the Court has declared the right to property is guaranteed in the community legal order case 5/88a German tenant farmer was deprived of his right to compensation under Regulation 857/84 for less. OF A MILK quota as a result of the way in which the Germany government had interpreted the regulation. He argued that his amounted to expropriation without compensation the case was refereed to court held in ministry of agriculture part bitstock. Case (2/92 ) that there were the looser inherited the benefit of a milk quota neither the milk quota scheme itself nor- the community principle of fundamental rights required a member state to introduce scheme for compensation for the out going lessees nor did they confer directly on the less right to such compensation, the court affirmed that both the right to property and freedom to pursue a trade or business formed part the general principles of community law, and also the right to an effective judicial remedy before national Article(6 and 13 ECHR) This has become one of the most developed fundamental principles in the jurisprudence of the court of justice in Johnston v Chief of Ruc,, case 222/84 the RUC maintained a general policy of refraining from issuing firearms female members of the force the policy was defended on the ground interlaid that Article 53 of the sex discrimination Northern Ireland order 1976. S1 OF 1976/ 1042 n 15 Permitted sex discrimination National Security of family like home and family cores pendency ( Article 8 ECHR) in national Panasonic case 136/79 the court held that the principle of Article 8 ERCH were applicable to an investigation by commission of an alleged anti competitive practice, but held that the exception in Article(8) Section(2) justified action taken by commission under regulation(17/62) inxv commission(case 1104/92) the applicant had applied for an appointment as a temporary member of the commission staff. He had agree to under gone the normal medical examination disclose whether or not he carried the Aids virus the Court held that he was entitled to do so. Finally fundamental rights and human rights Act 1998 applying the rule of supremacy of community law principle referred in chapter must be recognized and implement by the Court of addition since the incorporation of the convention into the law of England, Scotland and Northern Ireland by the Human Rights Act 1998 all public bodies including Court and Tribunals and even private bodies implement public Law will have to abide by the principles of the Convention – Convention right may either therefore be applied as a matter of community law where they concern a measure within the competence of the community or under national law following the procedures set out in Act where community law is not involved. In law of the citizenship rights both on European Union and it’s State, because, the European Union were listed such as the principles of democracy and respect for the law and Human Rights. I think the basic element contained in the Treaty on European Union are common provision amendment to the Treaty to set up the European community including Economic and monetary union and citizenship of the Union common foreign and security policies cooperation on matters of justice and home affairs- protocols ‘of which the most important relate to economic and social solidarity and social policy as well as explanation regarding common foreign and security policy and texts produced by the member states of western European Union on the role of the western European Union of the concept of the European citizen is reality…this is it.
specialist in human rights and Eu law
05/12/2021
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