European union Essay Example | Topics and Well Written Essays - 1000 words

European union - Essay Example In addition to this, public law involving the commerce in European Union has fundamental significance:2 i. Most of the laws governing ECJ commercial circles whether directly or indirectly, are grounded on the European Union Laws ii. The framework which governs private businesses is widely derived from the rules that were established in 1957: that is, The Rome Treaty iii. Most of the sections of the regimes ruling and providing guidance and direction are either prescribed to European Union Regulations or largely affected by the â€Å"sectoral† agreements reached upon by the states in agreement. The reference of the aforementioned views are made to the C-213/89 Factortame (No1) [1990] ECR I-2433 Case 11/70: a case that involve the controversy in the fishing policy that were change in British. The fishing policy which started iin early 1970s was intended to make fishing within the EU member state of more economicvalue by giving people the liberty to access water freely in within the member states. The common fisheries policy of the European Union also was providing funds to make fishing modernized to meet the market demands. Becase of the increasing demands for fishing in the member states, the EU came up with another agreement in1980 with Spain on to allowance of the fishing agreement which defined to level of fishing grounds and the access points of fishing in the British grounds. As time advanced, the British felt a little uncormfortable with the magnitude of fishing that was taking place in their waters. Fishermen from Spain and elsewhere in the European Union started taking advantage of the fishing vessels that they had to penetrate the UK waters. This led the British to enacting various laws to curb this situation. The British law wanted that the only people who could fish on their water were to be those who were qualified: of which those who were qualified were the British citizen and a company registered in Britain whose 75% members were Brish citiz ens. This move sparked the heat of debate that led the major owners of the fishing vessels from Spain to seek the redress of the law. The people who were affected most were the Factortame from Spain. Their vessels could not meet the conditions that were set by the British newly established laws. The first aurgument advanced by the Factortame was that the British act of 1988 was offensive and could not be applicable to them. They made their reference to the EU law and the Treaty of Rome article 7 which scheduled that one ought not to be discriminated against on the grounds of race, gender and the nationality. According to the EU laws, they had the right to establish themselves in business anywhere and their company could be operative and situated in a nother member country. In general, the approach given to the ECJ to the administration of law, putting up a common honor and alignment to the framework of observance to the general rule of the community law, include values of the intern ational law and guarding the basic rights, is now more to the knowledge of the EU judges. The influence of human rights has made the standard approach in the judicial to grow very rapidly. Upon the investigation and consideration of the structure of the constitution of the European Union, and the numerous changes that have occurred in is so far, its basic structure can be categorized under three broad and general positions3. The