I. Lead-in

1. Answer the following question:

What is a harmonisation of law?

2. Match the following English words and expressions with their Ukrainian equivalents:

1. internal market a) влада права

2. authority of law b) орган влади, що має усі повноваження

3. party (of an agreement) c) влада, правління

4. governance d) справа

5. overarching body e) поширення

6. case f) сторона (договору)

7. extent g) внутрішній ринок

Read the text to understand what information is of primary importance or new for you.

TEXT 2

Harmonisation of Law

Harmonisation of law means “make or form a pleasing or consistent whole”. In the case of harmonisation of law, the aim is to make a consistent whole of law. It is an important concept in the European Union for creating common standards across the internal market.

It is a process of admitting limits of international unification but does not necessarily mean total uniformity. Harmonisation is usually not comprehensive but is relatively partial. That is, harmonisation of law doesn’t seek to create a sole authority of law on a particular subject. This is because measures to harmonise law cannot go further than that which is necessary. Harmonisation is unsystematic. The Directives of the European Union do not focus on or contain comprehensive regulation of the entire law. The Directives regulate some very specific issues and they regulate them only for particular situations or circumstances and only for particular types of parties.

Harmonisation generally takes place on two levels of governance, the overarching body and the each of the members individually. Taking the European Union, the two levels are the European level and national level. Although both European and national legislators share the legislative responsibilities, neither of these bodies has final responsibility for the whole. Also, there is no superior political authority which has the final say on who is responsible for what, i.e. no overarching authority over the European and national legislators. The European Court of Justice may however determine the extent of harmonisation when determining cases.

Harmonisation can be seen as a step towards unification of European Union Law.

II. Development

1. Find in the text the information on

a) definition of harmonisation of law;

b) harmonisation and unification;

c) levels of unification.

2. Prove the following statements.

1. Harmonisation of European law is partial.

2. Harmonisation is unsystematic.

3. Directives of the EU are of specific character.

4. Harmonisation of law acts on two levels of governance.

3. Speak on differences between harmonisation and unification of EU law.

4. Explain the difference between a law and a directive.

5. Insert one of the following words into the text in an appropriate form.

to assemble to discuss to enact to feel to apply to bind

In February 1997, a large symposium was convened in The Hague _______ the further harmonization of European private and commercial law. More than 200 jurists ____________ for this particular purpose, most of them academics, judges, practitioners and civil servants from EU Member States, but also representatives from the EU Parliament and Commission, as well as observers from countries currently _________ for EU membership.

The conference title was "Towards a European Civil Code". The ultimate goal for the pro-Code group in Europe is the enactment of comprehensive legislation, _________________ upon all European Union Members and comprising virtually all aspects of private and commercial law.

Though the idea of drafting and implementing such a codex is not really new, it might seem both unworkable and unattainable, at least in the foreseeable future. Then again, as certain influential delegates emphasized in the Hague, the Code project has already gained the support of the ever-more-powerful European Parliament, and if a Civil Code were to be ____________ as a Directive or Regulation, it would not even require a unanimous vote! For these and other reasons, even the most skeptical among the symposium participants ________ compelled to take a second, more serious look.