European Union Law

 European Union Law

 

Introduction

            The European Union (EU) law is a series of treaties and legislation whose main intention is to affect the laws of all the countries who are members of the European Union. The law affects the members either directly or indirectly. The leader of Golden Sunset party, Stavros Papanpadou who was elected into office in Greece, has always run his party and the election campaign on a fierce manifesto which is against the European Union and immigration[1]. Ever since he came into power, several laws have been passed which affect the freedom of various people living within Greece. The European Union, therefore, has an obligation to step in and ensure that the people of this country are not oppressed by their new leader who is also against the European Union itself.

How the United Kingdom, French and German Governments can Successfully Act against the Greek Government

According to the European Union Law on issues of immigration, as long as the correct procedures have been followed, an individual will have the right to move from one EU state to the other[2]. The leading party in Greece, however, does not consider these factors and instead during the first week in office, Papanpadou announced how he is intending to rid the country of all “foreign” scroungers, criminals and gypsies. This statement in itself is offensive to all foreigners in Greece as it practically referred to them as people who are unwanted in the place. It affects their freedom of living in Greece as they are now scared that they may be evicted at any time. The restriction on press freedom to report on the statement that all non-Greeks are being deported is also against the human right movement[3].

The United Kingdom, French and German governments should come together as one under the European Union and intervene in this situation. According to the Treaty on European Union (TEU), in Article 2 it is clearly stated that the union is founded on the specific values which are in regard to human dignity respect, freedom, equality, democracy, human rights respect and many others[4]. The respect for human rights is inclusive of the rights of persons who are members of the minority in a country. In the case of Greece, the government is acting against the requirements of these statements since it does not respect the human rights of the minority, who are the non-Greeks. It also has no respect for human dignity since it has behaved in a manner which refers to the non-Greeks as worthless people.

The other members of the EU should therefore ensure that this member of state keeps its end of the contract. The Treaty is a form of contract which any country which joined the European Union agreed to. Therefore, by acting on its contrary, the Greek government should be confronted. The remaining countries need to have a unified front. Instead of claiming that the issues are domestic and therefore do not concern the Union as a whole, they should all come together and find a suitable solution to the minority in Greece who are being discriminated. After they have decided to act on the same page, the Union may then confront the Greek government, reviewing the various areas within the treaty which are being broken. Article 3 of the TEU is also not being followed by the Greek government[5]. It states that all members should promote peace within the country and promote freedom as well. An internal market shall also be created so as to help improve the economy of Europe. It shall combat discrimination.

The reason why these three countries should stick together is that, according to article 7 of the TEU, a majority of four fifths of all the members of the EU may come up with a claim that a Member State has breached the treaty on a very serious level[6]. For the council to make a determination on the claims by these countries, it must first of all hear the accused Member State and give recommendations to help better the situation. If the Member State decides to be ignorant, then the Council upon the permission of the European Parliament will have the right to determine the availability of a serious and persistent breach which will eventually lead to the suspension of certain rights derived from the application of the Treaty of the European Union[7]. This includes the voting rights of the government representative in the council.

Therefore, since Stavros Papanpadou is already an ignorant member, the remaining parties have a better opportunity to see to it that his leadership is considered to breach some of the laws stated in the Treaty. If this members values his rights stated in the Treaty, he will ensure that he changes his methods of leadership to a more peaceful and non-discriminative approach.

The Legality of the Greek
Government’s Decision to Leave the European Union

The Greek government has the legal right to withdraw from the European Union as is stated in article 50 of the TEU[8]. Although they can withdraw, there are some legal steps which the government must be willing to follow. The Member State in question has already notified the European Council of its intention to withdraw. Although no Member State has ever withdrawn, the case for Greece will have to follow the stated procedures at all costs, otherwise it will still be bound by the TEU[9]. The Union must therefore take part in the negotiations of withdrawal and come up with a conclusive agreement in which they will set arrangements of the Withdrawal. The set date by the Greek government may therefore have no legal grounds since the Union must be present when it comes to negotiating a withdrawal[10]. They may have to withdraw earlier or much later depending on what has been agreed upon and when the negotiations will be completed.

Conclusion

The situation in Greek is discriminative and inhuman. The government must be confronted immediately since the country is still a Member State in the European Union. Therefore, it is the duty of the other members to come to the rescue of the people living within Greece since the country is still bound by the TEU. The three countries must come together and discuss their approach since unity is the key to ensuring they overpower the Greek government. By being a majority, their claims will have to be considered and the people living within Greece will be at peace. Withdrawing from the European Union is also another issue which may indeed favor the Greek government. However, before the time comes, the government needs to abide by the law which binds it.

 Bibliography

Bartels, Lorand. Human Rights and Sustainable Development Obligations in EU Free Trade Agreements. Legal Issues Of Economic Integration 40, no. 4 (November 2013): 297-313. Business Source Complete, EBSCOhost (accessed January 8, 2014).

Costello, Cathryn. Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law. Indiana Journal Of Global Legal Studies 19, no. 1 (Winter2012 2012): 257-303. Academic Search Premier, EBSCOhost (accessed January 8, 2014).

Lansbergen, Anja. Metock, implementation of the Citizens’ Rights Directive and lessons for EU citizenship. Journal Of Social Welfare & Family Law 31, no. 3 (September 2009): 285-297. Academic Search Premier, EBSCOhost (accessed January 8, 2014).

Lipsmeyer, Christine S., and Ling Zhu. Immigration, Globalization, and Unemployment Benefits in Developed EU States. American Journal Of Political Science 55, no. 3 (July 2011): 647-664. Academic Search Premier, EBSCOhost (accessed January 8, 2014).

Mann, Dennis-Jonathan, and Kat P. Purnhagen. The Nature Of Union Citizenship Between Autonomy And Dependency On (Member) State Citizenship – A Comparative Analysis Of The Rottmann Ruling, Or: How To Avoid A European Dred Scott Decision?. Wisconsin International Law Journal 29, no. 3 (Fall2011 2011): 484-533. Academic Search Premier, EBSCOhost (accessed January 8, 2014).

Marian, Ilie. The Legal Framework Of EU Citizenship. Economics, Management & Financial Markets 7, no. 4 (December 2012): 221-226. Business Source Complete, EBSCOhost (accessed January 8, 2014).

Men, Jing. Between Human Rights and Sovereignty. European Law Journal 17, no. 4 (July 2011): 534-550. Business Source Complete, EBSCOhost (accessed January 8, 2014).

Triandafyllidou, Anna, and Maurizio Ambrosini. Irregular Immigration Control in Italy and Greece: Strong Fencing and Weak Gate-keeping serving the Labour Market. European Journal Of Migration & Law 13, no. 3 (July 2011): 251-273. Academic Search Premier, EBSCOhost (accessed January 8, 2014).

Vieraşu, T., and G. Onofrei. A Different Europe. Bulletin Of The Transilvania University Of Brasov. Series V: Economic Sciences 6, no. 1 (January 2013): 213-220. Business Source Complete, EBSCOhost (accessed January 8, 2014).

Wiesbrock, Anja. Granting Citizenship-related Rights to Third-Country Nationals: An Alternative to the Full Extension of European Union Citizenship?. European Journal Of Migration & Law 14, no. 1 (January 2012): 63-94. Academic Search Premier, EBSCOhost (accessed January 8, 2014).

 

  1. Christine, S. L., and Zhu, L. Immigration, Globalization, and Unemployment Benefits in Developed EU States. American Journal Of Political Science 55, no. 3 (July 2011): 647-664.
  2. Anna, T. and Ambrosini, M. Irregular Immigration Control in Italy and Greece: Strong Fencing and Weak Gate-keeping serving the Labour Market. European Journal Of Migration & Law 13, no. 3 (July 2011): 251-273.
  3. Cathryn, C. Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law. Indiana Journal Of Global Legal Studies 19, no. 1 (Winter2012 2012): 257-303.
  4. Jing, M. Between Human Rights and Sovereignty. European Law Journal 17, no. 4 (July 2011): 534-550.
  5. Bartels, Lorand. Human Rights and Sustainable Development Obligations in EU Free Trade Agreements. Legal Issues Of Economic Integration 40, no. 4 (November 2013): 297-313.
  6. Dennis-Jonathan, M. and Purnhagen, K. P. The Nature Of Union Citizenship Between Autonomy And Dependency On (Member) State Citizenship – A Comparative Analysis Of The Rottmann Ruling, Or: How To Avoid A European Dred Scott Decision?. Wisconsin International Law Journal 29, no. 3 (Fall2011 2011): 484-533.
  7. Ilie, M. The Legal Framework Of Eu Citizenship. Economics, Management & Financial Markets 7, no. 4 (December 2012): 221-226.
  8. Vieraşu, T., and G. Onofrei. A Different Europe. Bulletin Of The Transilvania University Of Brasov. Series V: Economic Sciences 6, no. 1 (January 2013)
  9. Anja, L. Metock, implementation of the Citizens’ Rights Directive and lessons for EU citizenship. Journal Of Social Welfare & Family Law 31, no. 3 (September 2009): 285-297.
  10. Anja, W. Granting Citizenship-related Rights to Third-Country Nationals: An Alternative to the Full Extension of European Union Citizenship? European Journal Of Migration & Law 14, no. 1 (January 2012): 63-94.

 

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