Obiter Dicta And Stare Decisis

The EU like any other Union founded on the rule of law. It means the member state must democratically approve every action taken by the UE established on treaties based on the EU objectives and practice policies. The essay seeks to understand the different Eu law, but first, the paper structure will define and highlight the meanings of certain words used in the law courts. The first word is the ratio at times referred to ratio decidendi.( Harpaz, 2018). It is the reason for the decision based on the principle of the case. Ratio decidendi precedent bidding state that it must apply in all other cases with similar evidence otherwise examining the comparable point of law even in lower courts. It is the only part of legal that bids on other matters. According to Sir Rupert Cross definition, “any rule expressly or impliedly treated by the judge as a necessary step in reaching his conclusion.” (Bobek, 2018). For those seeking Law Dissertation Help, understanding these fundamental terms is crucial.

The second term is obiter sometimes known as obiter Dicta. It is hypothetical situations considered by a judge, but they are not part of the decision. The theoretical discussion does not bid precedent. However, it could regarded as a persuasive precedent. It is a word that Judge state during the proceedings or ruling. They are words that judges declare unknowingly. For instance, In the case of Hill versus Baxter, the states of what would have happened if a swamp of bees had flown into a car while someone was driving. Even though they have nothing to do with the case, future cases will be considered a swamp of bees in a matter of Hill versus Baxter (Coppel, & O‟Neill, 2015).

The final word is stare decision. The stare decision doctrines “let the decision stands its rightful place.” Its operations presuppose the existence of a hierarchy of courts. The prepositions of the state decision depend on the factors such as: whether the material facts always used — the status of the court which made the decision and finally the use of avoiding devices.

Types of EU Law

There only three European Union institutions responsible for making policy decisions. The institutions include the EU parliament responsible for legislation decisions, Council of the European Union tasked with Executive functions and the European Commission.

Primary versus Secondary

As earlier stated, every decision taken by the EU must base on treaties. The treaties bind the agreement between member states under the EU regulations, institutional rules, how the decisions made and the general relationship between EU members. The conventions are the starting point of the Eu rule referred to primary law (Pescatore, 2013). The body of the Eu law dealing with principles and objectives of the treaties is known as a secondary law. It consists of the decisions, directives, recommendations, and opinions.

Legislative versus nonlegislative acts

European Union legislative acts adopted from the Union statutory procedures set by the treaties whether extraordinary or ordinary. Nonlegislative actions do not follow any process are adopted through European Union institutional specify rules.

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References

• Bobek, M., (2018). ”orrigenda in the Official Journal of the European Union: Community law as quicksand‟, 34, EL Rev. 950.
• Coppel, J. and O‟Neill, A. (2015). „The European Court of Justice: Taking rights seriously?‟, Legal Studies 227.
• Harpaz, G., (2018). “The European Court of Justice and its relations with the European Court of Human Rights: The quest for enhanced reliance, coherence and legitimacy‟, 46, CML Rev. 105
• Pescatore, P. (2013). “Fundamental rights and freedoms in the system of the European Communities‟, AJIL. 43.
• Liisberg, J.(2013). “Does the EU Charter of Fundamental Rights threaten the supremacy of Community law?‟, 38, CML Rev. 1171.