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"Nature of Law- University Script"
Nature of Law- University Script
Veronica Gardner
The History of English Law

Also see:

Common Law was applied overall England

-Doctrine of proceedings

-Case Law

-Since the 13th century: law reporting

Travelling judges applied the writ-system

->problem: there wasn't a writ for every case

->to abandon the problem: law of equity was installed (where the remedy of Common Law didn't exist or wasn't sufficient; for example: market rights)

Law Merchant

Merchants were allowed to set up their own courts or tribunals based on mercantile customs

->Law Merchant

= that source of English Law based on the settlements of disputes between merchants and their customs/usages

At the end of the 18th century Law Merchant was incorporated into Common Law

Sources of Law:

-Common law

-Law of equity (still part of English Law today)

-Law Merchant

-Community Law

-Statute Law (->very important!)

European Union

The 5 main institutions of the EU

1. Commission

- Is the executive body of the EU

-Consists of 20 commissioners

-commissioners are appointed by mutual agreement of the member governments

-is responsible for the formulation of the community

-it initiates and drafts/prepares most community legislations

2. Council

-Is a formal meeting

-Represents the sovereignty of the member states

-Is composed of one representative at ministerial level of each state

-The office of president is held in turn by each state for 6 months

-Must report to the EU-Parliament

3. European Parliament

-Represents people of the member states

-Seats are allocated according to the proportion of inhabitants of each member state

-is advisory and a consultative body with the Council and the Commission

-is not a parliament in the brit./german sense

-does not make statutes and rules

-can reject legislative proposals

-discusses with the council and the commission

4. European Court of Justice

-Holds the political power

-Controls if every member state follows the statutes/laws

-controls that every state applies community law

-controls if community law is included in the national law of the member states

5. European Court of Auditors

-Must examine all accounts of all community bodies

-Must report at least annually

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