EU Law vs US Law: What's the Real Difference?
However, with the acceleration of European economic integration, EU competition law has increasingly shown a tendency to become judicialized, and has shown a tendency to converge with the US antitrust law in terms of competition evaluation and the evaluation of the effects of restricting competition, and has actively introduced private enforcement mechanisms for competition law. Therefore, there are both differences and certain connections between the two in terms of legal sources, implementation mechanisms and monopoly measurement standards.
Types of EU legal documents
The EU legal documents mainly include regulations, directives, decisions, recommendations and opinions.
- Regulation
The characteristics of this type are
(1) have general application
(2) binding in its entirety
(3) directly applicable in all Member States
That is, the regulation can be directly applied to all EU member states and does not require EU member states to enact implementing legislation. In addition, a regulation overrides any conflicting domestic regulations and can be used as a basis for arbitration.
- Directives
Compared to regulations, regulations differ in that:
(1) They are targeted at member states and do not have general application
(2) Member states have the right to choose the specific type and method of implementation.
- Decisions
Compared to regulations and rules, decisions are most different in that they are only legally binding on specific EU countries or individual companies and organizations.
- Recommendations and Opinions
These two types of laws have no binding force.
Analyze the differences between the legal systems of the United States and Europe
- Origin of the Legal System
The foundation of the American legal system is derived from English common law. Therefore, the American legal system has many similarities with the British legal system. In contrast, the origins of the continental European legal system can be traced back to Roman law. After the French Revolution, the legal systems of continental European countries underwent major revisions and reforms and were established in their current form. The key factors were the German Civil Code and the French Civil Code. Therefore, there are obvious differences in the origins of the American and European legal systems.
- Structure of the Legal System
The American legal system is a common law system developed from English common law. In the United States, the Supreme Court is central to the legal system, playing a crucial role in developing, interpreting, and protecting the law. In contrast, in Europe, the Supreme Court does not possess the same influence and power. This is because European legal systems are primarily based on literalism, meaning judges must determine key issues based on the literal meaning of the legal text, rather than speculating or interpreting the law through context. Hegel once stated in his Philosophy of Law: "Trial is only a formality."
- Methods of Lawmaking
The American legal system uses case law, where new precedents are established based on previous decisions and guide the evolution of law. In contrast, the European legal system uses a codified system, where laws are written down in explicit codifications and new laws are enacted based on these codified laws. The advantages of a codified system are that laws are clearer and more systematic, and judgments are more rational. However, the disadvantage of this system is that it is difficult to improve and adapt over time.
- Scope and Influence of Law
The American legal system primarily applies to federal and state law. However, the European legal system can apply to national and international law, and due to agreements and alliances between European countries, the legal context is more complex and more human-centered.
Summary
The American and European legal systems differ significantly. The American legal system is based on a philosophy that emphasizes living law. In contrast, the European legal system is known for its adherence to more rigid codified legal provisions. Despite these significant differences, the fundamental goals of both legal systems are to protect citizens' rights and freedoms and to maintain social justice and a reasonable order.