CONCEPTS OF LAW

Concepts of Law

Concepts of Law

Introduction

The European Union and Community law enjoy constitutional immunity, since the Constitution provides that no act or invalidate any action necessary under the EU membership, although the methods of implementation of these acts or measures should be recognized in the Constitution. They also determine the formal rules which set out the division of competence between the Union and the Member States, and who founded the power of institutions. The essay will briefly describe the concepts of Doctrine of Primary legislation, Constitutional Rights, Role of European Union Directives.

Doctrine of Primary legislation

The Irish Primary legislation is the fundamental law of the state that establishes the state apparatus and institutions, and the powers separation between the legislative, executive, and judicial branches (Hunt and Bennion, 2007). The Irish law also undertakes fundamental rights, which have undergone an extension of the courts and rigorous interpretation. Primary Legislation is the supreme law of the European Union (EU), that is to say, it takes precedence over any other source of law. The Primary legislation is mainly composed of the EU treaties. These treaties include the formal rules that govern the material and implementation of policies of the European institutions. They also determine the substantive rules that define the scope and structure of political action by agencies.

Primary legislation of Ireland includes the laws that are passed by the (Parliament), President of Ireland and two houses: (Lower House) and (Upper House) (Forde, 2003). The primary legislation is divided into different laws altering the Constitution to be submitted for agreement by referendum of the Irish public to enter into force in public, general laws, general, and private laws, which concern the behaviour of the people.

Primary Legislation means all written law which is binding and applies to all subjects of law without exception. This term bring a whole series of rules known as standards (in the legal sense) that are classified in a hierarchy which can be studied separately. Although the term Legislation is not strictly used by lawyers in general when it comes to legislation, it is the laws, decrees, orders or customary rules. It should be added to the regulatory acts of local authorities and public institutions.

Scope of Primary legislation

Primary legislation consists of all the founding treaties of the EU, modified and adapted by various treaties and acts. They are

Treaties "founders" Establishing the EU;

Major amending treaties of the EU;

Protocols annexed to the said Treaties;

Additional treaties that make changes to the industry are founding treaties;

Treaties of accession to the EU.

Legal status of Primary legislation

On commitments made by Member States among themselves, they are:

Prior to the Treaty of Rome, they cease to be applicable in principle. In this case, the commitments of the regime are the succession of treaties under international law. Exceptionally, Article 350 TFEU explicitly authorizes certain associations between Belgium, Luxembourg and the Netherlands;

After the Treaty of Rome, they are subject to the general duty of loyalty principle stated in Article 4 ...