Sample Paper on European Law

European Law

Introduction

Any organization that operates within Europe is subjected to the European laws and regulations that govern their operations. These laws and regulations control the organization taxes, the rate of payments that are offered to employees, environmental conditions that these workers need to operate within and the quality of products and services that are offered. Based on the provision of the European laws, overtime workers should be paid one and half of their hourly pay during normal working hours. Similarly, these rules demand that workers, especially workers within healthcare organization, should be protected from contracting various virus-transmitting diseases. Therefore, healthcare organizations need to provide their workers with disposal uniforms when handling patients. Failure to abide by the laws would result to the closure of these healthcare providers by relevant authorities. Hence, any organization operating within Europe need to understand these rules and ensure that they operate within them.

Task 1: Constitution of the European Parliament and its interactions with other constitutions in making Laws

It is the mandate of the European Parliament to make and enact laws that controls the operations of various activities and people within Europe. Based on the current constitution reforms, the European Parliament is focusing on two main objectives: Parliament power extension within the Union in decision making procedures and the development of an appropriate system to be used in the distribution of Member States seats as stated by Barrow (p2). Therefore, in the process of creating the Member States seats, the European Parliament has certain rules and regulations that they must adhere to. These norms and procedures are constituted within their constitution. Hence, the European Parliament must prepare a proposal on the subject to be discussed concerning the distribution of seats and ensures that they pass the proposal to the European Council for approval through unanimity. However, failure by the European Council to adopt the proposed subject would require for the proposed subject to be taken back to the parliament for further amendments. Thus, the above provision on the proposal and adoption of the proposed subject by the Council is important because it helps in preventing overly long negations that may during Members State seats distributions (Bollangrud et al, p344).

In the process of using each reform of the European treaties, the European Parliament has managed to effectively achieve their roles. Similarly, with all the powers and mandate that the European Parliament has been given, it is considered as the co-legislator to dealing with almost all cases. The Constitution Articles 1-20 provide general rules and procedures that the European Parliament operates under. For instance, it is through the above Articles, 1-20, that defines the functions of the parliament as well as the function of the European Council as far as decision making is concerned  (Bollangrud et al, p345). This helps in making prompt decisions on the legislative and budgetary functions. Therefore, in order for an effective decision making to realized through the use of the constitution as the center organ, the two bodies need to work and corporate despite having distinct roles towards legislative and budgetary functions.

Besides having the above functions, the European Parliament also has other functions that they must attend to as per the provision of the European Constitution. These include consultation and political control functions. Nonetheless, political control and consultation functions must be accomplished as constituted through the European Constitution. The European Constitution also provides rules and regulations through which members of parliament and other organs such as European Councils and elected for the seats (Barrow, p24). For instance, European elections should free and fair and must be conducted through secret ballots. Therefore, it through the use of secret ballots that European citizens are able to elect their representative. Once elected, the elected leaders are mandated to service their people for a period of five years. The above provisions concerning the elections of Members States into the power is defined within the Article III-330 of the constitution and provides the stipulations through which the elections should be govern.

Various constitutional amendments have been proposed and made on the European Constitutions. These amendments have made it easy for the functions of the European Parliament and that of that of the European Union made easier. For instance, the introduction of the ordinary legislative procedures through the Articles 1-134 and III-396 has helped in achieving equal powers among the Council of Ministers. Likewise, for the approval of various laws that are adopted as requires by specific procedures, the constitution demands that the European Parliament must be involved through consultation and approval of the subject under the question as recorded by Bollangrud et al (p347). Due to the fact that budgetary procedures are for the ordinary legislative procedures, it has enhances the powers and roles of the European Parliament. Similarly, in the process of elimination of the non-compulsory and compulsory expenditure has also extended the influence of the European Parliament on the budgetary participations and control.

Apart from the above provisions of the European Constitution, the constitution also provides other rules as constituted within Articles III-330 to Article III-340. Some of these rules control the European elections, annual sessions, working methods, rights and freedom of the European citizens, functions of the Ombudsman of the European Union, censor motions against European Commissions and adoption of the rules and procedures (Bollangrud et al, p352). However, the above provision of the constitutions does not affect various set rules of the existing European treaties. Hence, despite having their distinct provisions as provided through the constitution, these provisions cannot affect the rules and regulations under which the European treaties exists and operates. Therefore, with proper and well established roles through the constitutions and the European treaties, the European Parliament has been able to conduct its roles within a friendly environment without facing problems of role interference from other organs such as the Judiciary. It is therefore, important for other countries to adopt a similar parliamentary system like the European Parliament system where roles are well defined. In order for better understanding of the European Laws to be gained, students are requested to carry with them the provided leaflets.

Task 2 (a): European Employment and Workers Law based on Jane’s Case Study

The Case Study

Jane being one of the NHS hospital nurse, is facing various challenges that are against the provision of the Health and Safety act of the European Law. As provided through the law, healthcare provides are mandated to create favorable environment for their workers. This means that they need to be provided with disposable uniforms that would help them reduce the chances of contracting certain diseases such as MRSA. However, such disposable uniforms were not provided to Jane. In the process, she faces high risks of contracting such diseases. Another problem faced by many nurse is low pay on overtime job done. Within the European laws, employers are supposed to offer one and half pay per hour for any overtime job done. However, Jane is being given offered twice the salary means that she gets more that provided within the European law. Therefore, she should not considered the overtime pay a problem being faced.

Problems faced by Jane as per the Case Study.

As provided through the case study, Jane is facing the problem of poor working environment. For instance, she is unable to get disposable uniform that would prevent her from contracting certain diseases such as MRSA. According to health and safety Act of the European Laws, organization workers need to be protected against health hazards (Barrow, p3). For instance, they should be provided with protective devices that protect them against any harm. Therefore, workers such as Jane should be provided with disposable uniforms that would protect them against certain diseases such as MRSA as provided through the case study. However, based on the case study, Jane’s employer is unable to provide these protection devises, which in the process exposes Jane to MRSA diseases.

Another provision of the health and safety Act of the European Laws demands that organization workers are given standardized payment for any overtime work performed. For instance, as constituted within the law, overtime workers should be one and half per hour of their normal pay for the normal hourly rates (Bollangrud et al, p344). However, the provision of the overtime pay is not limited to through the provision because it is just the minimum provision. Therefore, organizations are able to increase their minimum overtime pay as a form of attracting more workers to perform their organizational tasks. Therefore, based on the case study, Jane should not complain about the minimum overtime provided by her employer as it is within the provision as demanded by the European laws. However, she is able to complain for more overtime pay in order to be able to carter for other services that are not provided by the organization. For instance, Jane may demand for more pay for her to be able to purchase her own disposable uniform that would prevent her from contracting MRSA diseases.

Similarly, health and safety Act of the European laws also states that organizations should provide organization workers with healthy food. Therefore, for organizations that provide food for their workers must ensure that they provide health food to their workers. Apart from the provision of healthy food, another provision of the European health and safety Act is that organizations should ensure that there is proper medication and risk free organization work as far as workers health is concern (Bollangrud et al, p350). This provision; therefore, means that organizations need to have proper private healthcare services to provide any necessary assistance in case of any health danger. In relation to health matters, the constitution provision that focuses on the health and safety among workers also touches on the provision of insurance cover among organization workers. Therefore, in case Jane contract MRSA diseases, she is able to be treated in other healthcare service providers in case the organization healthcare is unable to handle the situation.

Steps that Jane should take to curb the problems faced

Based on the information provided through the case study, it is evidenced that Jane is facing some challenges that require legal action. Problems such as lack of disposable uniforms should be reported to legal authorities because they are against the laws of the European as constituted within their constitutions (Barrow, p201). For that reason, Jane should report her employer to legal authorities on the issue of disposable uniforms. In the process, the organization should pay Jane of any risk exposed to during her time as a nurse in the NHS hospital. Apart from paying Jane for the risk faced, the organization should also face the law because of going against the law as constituted within the European Laws.

Task 2 (b): Jane’s Case Study based on Private Limited Company

The European Law that governs the operations of the organizations in Europe covers both public and private institutions. This means that the similar laws and regulations that control organization are used. Therefore, in relation to the Case Study, similar step would be taken to curb the same challenges that Jane is facing with her current employer. For instance, in case Jane would have been a nurse within a private healthcare provider, the organization would be mandated to provide her with disposable uniform to prevent her from contracting different diseases that they exposed to during their working period. Similarly, just like public organizations, private organizations are also entitled to offer minimum overtime pay per hour as constituted within the European Laws (Bollangrud et al, p348). Therefore, has provided through the European constitutions, any organization or company operating within Europe should offer one and half more on the overtime pay per hour as compared to the norm hourly payment rate.

Apart from the provision of disposable uniforms and better overtime pay, other provisions of the European constitution as demanded by the organizations operating within Europe include provision of healthcare allowances, risk allowance, better and up to date machinery and favorable working environment for any worker. Private organizations should also ensure that they give the recommended workload to their workers and offer them with better pay. Therefore, despite being private or public healthcare provider, both are entitled to follow the law as provided within the European Constitution.

Conclusion

Consequently, based on the provisions on the European Laws that control health and safety of organization workers, employers should ensure that they operate in accordance with these laws. For instance, employers need to ensure that they provide the recommended workload to their workers, provide better pay, better working environment as well as better healthcare allowances to their employees. Failure to follow the above requirement to the latter, as provided through Jane’s Case Study, would result to closure of the organization in addition to facing the law for their wrongdoing. Similarly, it may result to poor reputation of the organization. Hence, organizations need to respect laws and regulations that govern their operations.

Works Cited

Barrow, Charles. Industrial Relations Law. London: Routledge. 2013. Print.

Bollangrud, Randi., Hedelin, Birgitta & Hall-Lord, Marie, Louise. “Nurses’ perceptions of patient safety climate in intensive care units: A cross-sectional study.” Intensive and Critical Care Nursing 28.2012 (2012): 344-354.