Thursday, February 27, 2020

Does the EU suffer from a democratic deficit Essay

Does the EU suffer from a democratic deficit - Essay Example The ECSC was transformed into European Economic Community (EEC) in 1957 with the signing of Treaty of Rome that created a single market and aimed at removing all barriers to freedom of good, movement and trade. The EEC was hence a unique institution whose sole aim was to reduce barriers, decrease hindrances and increase integration within the member states. The EEC started off as a unique legal and political supranational institution that operates over and above the national governments of member states: it is an over arching government in itself that makes laws, takes decisions and creates circumstances for greater integration. This could not have been achieved with 27 member states without the presence of institutions: the treaty of Paris created four major institutions in 1951: a High Authority, Council of Ministers, European Assembly and a European Court of Justice. The Treaty of Rome 1957 followed this method and added to the list of institution a EURATOM (European Atomic Energy Commission) and renamed it as European Economic Community. However, the EU has gone through massive changes since then as subsequent treaties kept adding to the overall structure of it. The institutions as they stand now are as follows: The European Council, European Parliament, The Commission, European Court of Justice, The Court of Auditors and the Euro pean Central Bank. It is with EU’s structure that democratic deficit has been alleged to have seeped in. The term has been used since many years and according to Milev it has been accorded different meaning in all senses. The real meaning given to this term relates to alleged distance between the European government and the people that are rules: it is alleged that it neither has a proper democratic mandate nor proper democratic legitimacy that gives its actions validity. Initially the term was used to make way for direct elections to the Parliament, later on the debate kept surfacing repeatedly on different issues of constitutional importance, particularly where further integration and greater cooperation was concerned. Evidence is found in literature relating to the referendums, the rejected constitution etc. This democratic deficit has basically been seen because the key decisions that are taken in EU are taken within executive-controlled institution, the European Council and European Commission: there is no parliamentary form decision making with proper legitimacy and accountability. The European Council yields no legislative powers but has immense political powers as it comprises of all heads of the states, the ministers for foreign affairs, the president of the commission and the high representative for foreign affairs and security policy. The council is headed by a President of the Council who is elected through Qualified Majority Voting procedure for a term of two and a half years. Second, the European Court of Justice (ECJ) is the legal arm of the EU as it deals with all cases arising from and about EU law. The main function of ECJ has been enshrined in Article 19(1) of the Treaty of European Union (TEU) as to ensure â€Å"

Monday, February 10, 2020

Business Law Essay Example | Topics and Well Written Essays - 1250 words - 4

Business Law - Essay Example A contract is a "promise" or an "agreement" that is enforced or recognised by the law. In the civil law, contracts are considered to be part of the general law of obligations. The requirements that must be met for a contract to exist between Taite, Lewis & co and Whizz plc are as follows: -> Offer and Acceptance: - In this case, the primary requirement would be a properly constituted offer to be made by the partners of Taite, Lewis & co to Whizz PC Ltd. The offer made should be in written and should clearly state all the necessary details like pricing list, time duration and so on. Acceptance would be the agreed consent of Whizz PC Ltd on the offer being laid down by Taite, Lewis & co. -> Intention to create legal relationship: - When these two parties agrees to enter into an agreement, they must be an intention on part of the parties, to create a legal relationship, in the absence of such an intention, the agreement does not become a contract. -> Lawful Consideration: Consideration means something in return, it is an advantage or benefit moving from one party to other. In this case it would be the promise or the consent to pay  £545 for each PC to be purchased from Whizz PC Ltd. -> Capacities and Competence of the parties to contract: Both the parties involved must be competent to contract. It is highly essential to see that both the parties are qualified under the legal considerations.