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Latest post Mon, Feb 7 2005 9:19 PM by Sharann. 3 replies.
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Sharann  +  72714 Mon, 07 Feb 05 09:19 PM
Hi,
I'm a French student in law and I'm quite interested by English legal system. Nevertheless I am very surprised by the fact that even if England and France are in the European Community, there're still lots of difference between our systems. I don't complain here about the interest of the European Community, butI'm wondering if one day our countries will have one legislation...I'm afraid not Crying [:'(]
Sharann
Joined on Tue, May 11 2004
England, at the mo
Full Member 156
Les millenaires n'ont pas suffi à l'homme pour apprendre à voir mourir
julielai  +  72727 Mon, 07 Feb 05 10:49 PM
May I add my two cents?

We have international law that covers international issues, and within a country there are different levels of legislation. Take US for instance, you have federal law, state law and county and city ordinances. Add to that agency regulations at the federal and state level that governs subject-specific areas, and you end up with a massive set of legislation.

Do you mind elaborating your idea about "one legislation"? Thanks!

I'm not a law student, btw.

Joined on Sun, Oct 24 2004
Senior Member 3,827
Just another blogger (http://hk.myblog.yahoo.com/julie-lai)
matthewg  +  73036 Wed, 09 Feb 05 11:55 AM
Hi Sharann,

You are right: one fundamental difference between the French and British legal systems is the constitutional system. The French Constution is codified (it has been written down), but as far as I know, the British constitution is unwritten.

Julielai mentioned the idea of a federation. Europe is far from becoming a federation with a single legislative code. This is because federations, like the USA, are normally single nations made up of many states; Europe, on the other hand, is a whole jumble. In the EU there are nations which aren't states, states which aren't nations, and states which are also nations (nation-states). The USA works as a federation with a common law because Americans feel that they are part of one nation. This would be very difficult to achieve in Europe, because we are all so different. In fact, the slogan of the EU is 'Unity in Diversity', meaning that we are united by our differences.
Joined on Mon, Sep 6 2004
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Guest, 4 yr 166 days ago
hi sharann,

Although Europe is moving in the direction of harmonisation of laws in areas which fall within the competences of the EU, yet unification in other areas still remains within the competence of the single memberstates. The EU largely has competence to legislate in areas which relate to free movement of persons , services and goods, to competition law, consumer law etc. Other areas, particularly constitutional law and civil law remain within the competence of single member states.

The EU can legislate through : treaties, directives, regulations, which constitute different sources of law. Only treaties are primary sources of law - and its articles must be observed by all memberstates word for word. Directives on the otherhand only lay down the objective and result to be reached- therefore its up to different memberstates to choose the means to regulate the matter to achieve the objective required. This means that even when the EU legislates, one has to look at the mode in which it does so- directives still allow the membersttaes to have their individual laws which may differ provided the objective envisaged is reached.

This means that the process of legal unification allows diversity.
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