PUBLIC AND EU LAW

Introduction to Public and EU Law

Introduction to Public and EU Law

Introduction

The European Union (EU) is the most successful attempt at regional integration in history. Founded by six countries in 1957, it had 27 members by 2007. Its origins lie in the reconstruction of western Europe after World War II, made possible by the United States through the Marshall Plan. Although created by international treaties, several factors have combined to give it many features of a constitutional system: an ideology uniting integration and federalism, judicial interpretation, development of political institutions, citizenship, human rights, and establishment of common policies (Craig, 2007).

Today, the EU is a divided-power system, embodying a complex division of power between supranational authorities and the member states. It embraces regional integration in numerous policy areas. It also represents a comparative law laboratory, combining elements of common law, civil law, Dutch law, and Scandinavian legal systems. A European Constitution is now open for debate and approval by national political processes. Nevertheless, the EU is neither a state nor an international organization. It constitutes instead a “new legal order,” a sui generis regional political and legal system. The EU often employs other types of policy integration: procedural obligations to take into account, inform, consult, or coordinate; techniques such as mutual recognition; and numerous types of “soft law,” which in principle is not legally binding but in practice may have practical, even legal, effects (Weiler, 2008)

Discussion

Since 2001, almost all European countries have revised their legislation and policies relating to fighting terrorism. New laws have been adopted; vintage laws have been revised; policies and practices have been changed. Most of these revisions have expended the powers of governments to battle terrorism and other crime. Controls on these forces are often insufficient. This is not a European only phenomenon and problem. Nations round the globe have taken up anti-terrorism legislation in answer to the attacks. The effects of anti-terrorism legislation and efforts since 2001 has increased new challenges for the media's ability to assemble and disseminate information. Nearly all European nations have taken up new laws in that period. The role of international body encompassing the European Union (EU) has been more negative than positive with the adoption of many international agreements that either ignore or only pay scant attention to fundamental human rights and the significance of a free media. The role of European institutions for example the EU have resulted in greater adoption and harmonisation of these laws than most other regions (Alter, 2009).

Freedom of expression has been especially challenged by the adoption of new laws on prohibiting speech that is considered “extremist” or supporting of terrorism. These new laws in numerous jurisdictions are utilised to suppress political and controversial speech. Web sites are often taken down or blocked. Access to information laws have been widely accepted and adopted across the EU. However, state secret and national security laws are regularly being utilised against journalists and their sources. There are furthermore growing, mostly unregulated, limits on photography ...