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Approximation of Legislation of Member States in the European Union: Methods and Trends

Student: Kostina Aglaia

Supervisor: Elena Postnikova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

The purpose of the study was to identify and to analyse the mechanisms of approximation of legislations of member-states in the European Union in the sphere of the functioning of the internal market, to identify issues arising in practice during approximation. The main objectives of the study were: a) to consider the main sources and principles of EU law; b) to determine the principles of division of competence between the Union and the member-states; C) to identify the legal framework of the process of approximation of legislation; g) to perform the functional principles of the EU law; d) to analyse the mechanisms of approximation. Based on this research the following conclusions were made: firstly, the Basic functional principles of EU law are the principle of supremacy of European Union law and the principle of direct action; secondly, the competence of the Union is limited by the principle of conferral and the principles of subsidiarity and proportionality; thirdly, the approximation of legislation in the sphere of the functioning of the internal market is based on articles 114 and 115 of the Treaty on the functioning of the European Union; fourthly, the approximation of the laws is incarnated by regulations, directives and decisions; fifthly, the process of approximation at the moment, reveal themselves as effective and proportional measures, but in practice there is a risk of transformation of approximation of legislation from the way of development of the functioning of the internal market in the way of its manipulation.

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