This paper is a presentation of different practices pursued by the European Union relative to her mandate. The essay opens up with Dedman (2006), who observes that the European Union was initiated in the year 1957 by six European nations to promote European integration for the realization economic development among member states. The original pioneer member states were France, Belgium, Italy, Germany, Netherlands, and Luxembourg. The paper intends to unravel the following areas in the context of Joseph Weiler’s view; that the European Union is a system of governance not government.
After the end of the Second World War, which proved catastrophic, the European powers came into a union to strategize and pledge allegiance and bring forth measures against the outbreak of yet another war. The pledge as Egeberg, and Trondal, (2011) submit gave birth to the European Coal and Steel Community which was then geared to foster political and economic integration and seek a way forward to eternal peace and order; and again heal the economic and social damages of the war (Curtin (2014). Has the Union attained her authentic objectives? This paper intends to critically evaluate on the subject.
The Union is governed by various institutions that function differently but yet towards a common objective. The union’s structural organization and ability to thrive throughout the centuries is well recorded in literature. Joseph Weiler in his work; Do the New Clothes have an Emperor notes that the Union has made it in integrating unified law amongst Europe powers. He evidences this argument by presenting the cases where national fiscal policies are being realized with the enactment of the European Monetary Union. However, the professor puts into question the political and economic domain prevailing and doubts if it is in indeed in the right place.
In his work; Europe in Crisis-On Political Messianism, Legitimacy and the Rule of Law, Joseph Weiler notes with concern that the union has not inclined itself towards the economic prosperity of common citizens which affects the common people. It is on this premise, amongst others which this paper intends to unravel; that Joseph Weiler believes that the Union is a mere government and not governance.
Various components are critiqued and discussed herein including the following; European Parliament, Council of the European Union, European Council, European Commission, Court of Justice of the European Union, European Court of Auditors, European Economic and Social Committee, Interinstitutional bodies, and European Ombudsman (Miller and Lunn, 2014)
Sources’ of the United Nations’ Jurisprudence
Horspool and Humphreys, (2012); and Chalmers, Davies, and Monti, (2010) presentation on the sources of the European Union’s law will be critiqued as outlined below;
Primary sources; including treaties for the union formation, agreements on the functioning of the union, amendments from EU treaties, annexed protocols, and agreements initiated during the accession of new states.
Secondary sources; including conventions, agreements and unilateral acts. Supplementary sources; including case laws, international law and policies, and general law principles.
The paper will conclude by giving a general summary of the essay as chronologically discussed. The conclusion will aggregate the different scholarly view and align them in connection with the subject matter of the discussion.
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