12 Mar The european union law as branch of contemporaneous transnational law and it’s impacts worldwide
The European Union Law is an exquisite and exotic law dish for lawyers whether Europeans or not and not only. It represents the current version of the Roman Empire Law and in consequence it includes a version of a ius gentium for non European citizens and a ius civilis for the EU Citizens. Although this “new law” has effects in several areas of a person’s life most of the times even without regard of his/her EU nationality, people around the world has not realized enough its impacts and therefore people has not taken into account this new law with the importance it deserves.
This branch of transnational law has been created during the last sixty years and it has been going hand in hand with the European integration process. The EU Law has its own principles such as the prevalence of fundamental rights of persons; proportionality or the necessity to limit the EU Law to the minimum necessary to achieve the European Union goals, legal certainty, equality before the law and subsidiarity or the possibility to use EU law as the last alternative to regulate an issue and achieve the EU goals. This Legal system as any other Legal system has also its own hierarchy. Within this hierarchy, we found for instance, the EU Regulations that become immediately enforceable as law in all member states simultaneously. There are also the EU Directives which in order that member states achieve certain results provide them with enough autonomy to choose the best way to reach these results, and there are also the EU Decisions which are binding only for those persons or States which are the addressee of them.
The EU Law will applies if you are not European citizen and you want to do business within the European Union, then you shall be aware of the EU Law. If you are not European citizen and you want to get married to an European citizen and beyond to with an European resident you shall be aware of the EU Law. If you are not European citizen and you have children with an European citizen, you shall be aware of the EU Law. If you are not European citizen and you want to study and to work within the European Union, you shall be aware of the EU Law. If you are not European citizen and you want to visit the European Union, as tourist you shall be aware of the EU Law. Despite the EU Law has “exclusive” areas of competence, the truth is this Law has extended its tentacles to pretty much the whole life of a person whether legal or natural, whether European or not and whether EU resident or not.
Despite one of the principles of the EU Law is the legal certainty, the truth is this “new law” is far from providing legal certainty and I will take the example of a non European citizen holder of a long term residence permit EC to illustrate this. According to several EU Regulations and the EU Directives such as the EU Directive 109 of 2003 holders of long term residence permits are entitled to the right to work and to study within another member state for indefinite periods and they shall enjoy equal treatment with nationals as regards:
(a) access to employment and self-employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;
(b) education and vocational training, including study grants in accordance with national law;
(c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures;
(d) social security, social assistance and social protection as defined by national law;
(e) tax benefits.
How many of the EU Members States have at 2012 given full application to this Directive? None of them. You may see the legal procedures required to non European workers in order to work in a EU Member State different from one that have granted them a long term resident status and none of these national regulations include a special chapter applicable to those holders of long term residence permits EC in order to smooth their move into another EU Member State to work and to study.
Despite its subsidiary nature, the EU Law apply to almost all areas of a person’s life, such as business and investments, taxes, marriage, residence, custody of children, divorce, work, will, healthcare and so on. Although the EU Law has as one of its multiple goals to harmonize legal systems between its Member States; the truth is the EU Law instead of contributing to create a uniform and light legal system within the European Union, it has contributed to make of the European Union an over regulated territory full of national and European legal provisions that leave a short space to private initiatives and no space to legal certainty.
In conclusion, The EU Law is a “new law” whose implications have been underestimated by the whole world. This legal system that was born less than 60 years ago have grown and continue to evolve in a way that it will affect not only the EU Citizens and residents. For this reason, it deserves to be taken into account carefully at the time you want to get involve at personal or business level within the European Union. A transnational lawyer may offer you the best legal counsel for your business and your personal life when it may be affected by the EU Law, so do not underestimate the effects of this law and take the necessary steps to receive appropriate legal counsel in order to protect your rights.