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University Degree: European Union Law
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Cassis de Dijon case analysis. Having considered the two essential legal principles in Community law from Cassis, it is important to recognize that the judgment of the case in question may support the principle of supremacy in European Union law in that
Evidently, the Court of Justice (CJEU) found that the Italian Republic have failed to fulfil the obligations under Article 34 of the TFEU, as it infringed the Community law set out in Article 34 TFEU that prohibits obstacles to the free movement of goods. The Commission added that such restriction significantly obstructs access to the Italian market. 3 Therefore the Court followed the commission's line of argument by stating that Article 34 aims to prohibit "all rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra - Community trade "4 as laid out in the case of Procureur du Roi v Dassonville  also known as the 'Dassonville formula'.
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In theory, the European Commission represents the EU interest, the European Parliament acts as the voice of the people of the EU, and the Council represents the interests of national governments. The reality is quite different. Discuss.
From these facts it seems clear that the Commission represents EU interest and not the interests of individual member states. However, given that the 27 commissioners consist of one commissioner from each member state, the independence of individual commissioners must be seen in relative terms. Chosen because of well-connected and established prior political careers in their countries (with over two-thirds chosen from a party in government at the time of appointment), they often act as links between the Commission and the member states.3 The Court of Justice have stated that Commissioners were required to ensure that the general interest of the European Union took precedence at all times over both national and personal interests.
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The theory of natural and divine law was long held to govern long before the Bill of Rights. "In many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void: for when an Act of Parliament is against common right and reason, or repugnant or impossible to be performed, the common law will control it, and adjudge such an Act to be Void."iii A proposition by A.V Dicey suggested that the concept of parliamentary sovereignty has two parts, both a positive and negative strand. The principle proposed by the positive strand, is that Parliament can make or unmake any law whatsoever.
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The least one can expect from a Court is that it be consistent and promote legal certainty. If the Court of Justice decides that directives only impose obligations on Member States and only after the period for their transposition has expired, liti
Thus, from this definition, it could be stated that Directives cannot in themselves automatically create substantive rights that citizens are then able to enforce and it is this initial premise, which we shall consider. In Van Duyn1, the court observed that where an obligation has been imposed on a Member State to pursue a particular course of conduct, "the useful effect of such an act would be weakened if individuals were prevented from relying on it before their national courts and if the latter were prevented form taking it into consideration...".
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Directives are aimed at Member States and are conditional, unlike Treaty articles which are not. Directives rely on Member States giving affect to them, as the Member States decide how the directive is to be legislated to comply with the objectives of the Community. However, problems arose as to the Member States either not implementing the Directives by the required date or that they were implemented not to succeed to achieve individual objectives of the Member States, but implementation does not mean a Directive has to be directly inverted into national law. In Commission v Germany (re Nursing Directives)1, the court described the obligations of the Member States and that "...implementation of a directive does not necessarily require legislative action in each Member State."
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Analyse the distinguishing characteristics of the freedom of establishment and the freedom of services, taking into account the ECJ case-law. Consider further whether the concept of freedom of services applies only to economic activity and its potential i
These include the freedom of labour, services, goods and capital. However these freedoms are not limited to EU nationals but extend to legal entities or companies as well. Although the free movement of workers covers a major part of the EU's economic activity, rights of the self employed worker are not fully asserted. This essay will focus on the freedom of movement of service and establishment within the EU. The freedom of establishment derives from the EC Articles 43-48.3 However the common definition given for establishment is "the actual pursuit of an economic activity through a fixed establishment in another Member State for an indefinite period."4 Specifically the first part
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Article 39 is particularly applicable in which grants under article 39(1) that: 'freedom of movement of workers shall be secured within the Community'1 and also such that it(2) '....shall entail the abolition of any discrimination based on nationality between workers of the member states as regards employment, re-numeration and other conditions of work and employment'.2 The limitations of this article are set out in article 39(3). Furthermore to consider the position of Bella and David it is vital to consider article 17, article 18 and Council Directive 2004/38/ which in German national law is called the Freiz�gigkeitsgesetz.
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A common market adds to the above, the free movement of the factors of production (goods, persons and capital) and a competition policy. An economic union would be all of the above plus the creation of a common currency. The ambitions of the union have extended far beyond the original objectives of a common market for goods and services and now include the aim of developing common foreign and security policies. The movement towards the integration of European countries started soon after the 2nd world war. This integration was politically and economically motivated. In 1950, the Schuman plan was devised whereby the raw materials of war (coal and steel)
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The EC decision-making process has often been criticised for its lack of democratic legitimacy. This is frequently referred to as the democratic deficit(TM). Discuss
Prime feature of a democratic regime is that voters can elect and are therefore able to change their government. This is not the case with the EC, therefore a democratic deficit appears as citizens can only elect members to the Parliament which itself is only one component of the EC legislative process. A major argument made against the democratic legitimacy of the EC is that European integration has reduced the representational qualities of European democracies by concentrating an increasing amount of decisions in what is an executive dominated political system2.
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This is because the UK operates a 'dualist' legal system as opposed to a monist legal system. A dualist system emphasizes the difference between national and international law, and requires the translation of international law into national law whereas a monist legal system International law does not need to be translated into national law. In the UK. Directives can be implemented either by statute or by delegated legislation under the European Communities Act 1972. The decision in the case of Van Gend en Loos 1created the concept of direct effect, namely the creation of rights for individuals under Community Law.
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The Commission is unelected yet it is responsible for initiating the majority of legislation. Likewise the Council, is perceived as the key decision maker in the EC legislative process and '...there is no body, at European or national level, to hold the Council itself accountable'.II The EP, is the only directly elected body involved in the legislative process. Previously, the EP had a minimal role to play in legislation. However, following the Single European Act, Treaty of the European Union, Treaty of Amsterdam (ToA) and Treaty of Nice (ToN), Parliament now plays a more substantive role in the legislative process.
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Competition is highly advantageous to the economic community as it encourages companies to be dynamic and innovative, keeps prices down and encourages an efficient economy. Anti competitive behaviour restricts these improvements by effecting the availability or service of goods in a manner that is detrimental to other undertakings or to individuals. This can include price fixing, any control over production or technical development or the domination of the market by larger undertakings co-operating together. These practices are restricted by Article 81(1)
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However the ETI did not meet the demands of the WTO who in Jan 2002, deemed this also as an illegal export subsidy. (www.eurunion.org). The ETI act seemed like a desperate attempt to show progress had been made as it was signed in the midst of the presidential elections. A Diagram showing how the FSC legislation helps the US Companies to export (See Appendix A) A diagram showing the effect of EU sanctions on US Goods. (See Appendix B) Are there any other reasons why the US gives these Breaks In 1981 GATT gave the US the backing of FSC's which the US claims make the subsidy legal.
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Identification and effective use of international and EU sources, clarity of presentation of European policies and institutional contexts.
Differences in the rail systems between Member States account for the significant delays at border crossings and therefore extra costs, which has made this mode of transport less competitive than transport by road. Railways were a strategic benefit for the industrial and economical development of member states, and contributed in the conflicts that split Europe for years. State aids and other public contributions towards the rail sector accounted for almost 40 billion � in 2001 within the EU2. The creation of the internal market with its four fundamental freedoms provided for in the Treaty has meant an increase in transport
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These are usually in the form of administrative rules and practices and protectionist, which are equally as capable of hindering the free flow of goods from state to state. The free movement of goods is very important in the Single Market and the European Commission is vigilant in ensuring the free movement provisions as in the Treaty. They make sure that these provisions are upheld by investigating alleged infringements of the provisions by Member States. Articles 28 and 29 (ex 30-34)
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Apply Sinclair and Coultards (1975) framework of discourse analysis to at least three extracts from a play of your choice. Comment on analysis and draw on Burton's (1980 chapter 7) reworking of their framework.
The two acts in that one move are totally un-related to each other. This yet again shows us that Sinclair and Coultard's framework is specific to school related discourse. Within this discourse there are many occasions where the two or more acts within the move are directed to different people in the pub. Therefore a direct reply is not always pre empted by an elicitation as we are led to believe in Sinclair and Coultard's framework on classroom discourse. The type of talk in this drama is usual of a public house scenario, switching between talking to customers and each other.
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Explain the nature and legal effect of regulations, directives and decisions made by the council of ministers and the commission of European community.
As regulations own the directive application nature, they can automatically proceed into national laws for the all Member States when they come into force, without the need to separate national legal measures, therefore the Member States do not need to find legislative instruments to make the regulation enforceable upon their nations. Moreover, Member States, they do not have legal rights to amend and annul the regulations made by the European Community if their national laws are against them, thus they have to enforce them entirely and precisely.
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The judges then take turns to give their separate judgments which may be dissenting or assenting the plaintiff's case. In a European court, after the question for preliminary ruling from the domestic court of the member state has been quoted, the court in a list of numbered points answers it. This gives a much clearer layout than in an English court, as there is not separate interpretation from judges or conflicting decisions. It can also be argued that a European court judgment would be more consistent in their decisions as they do not rely on Common law, which can sometimes prove inconsistent in English Courts.
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However, the Tariefcommissie forwarded the case in compliance of Article 177 (3) of the Treaty to ECJ on VGL arguments in the interpretation of EEC Treaty and the increase in costs of duty on inter-community trade. Identification of critical issues: There are certain critical issues: (a) Can individuals enforce individual rights and these must be so protected by the courts of that member States or ECJ under Article 12 of EEC Treaty? (b) If yes to (a) above, whether the tariff of 8% on the product imported by VGL represents an illegitimate increase in the context of Article 12? And (c)
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Critically assess the enforcement actions by the Commission brought upon the French government; the relevant TFEU articles need to be considered and the effectiveness of the use of secondary sources of EU law. Decision is the most pertinent secondary source and articles 258, 288 and 260.
Therefore under article 260 TFEU, ?If the Court of Justice finds that a member state has failed to fulfil an obligation under this Treaty, the State shall be required to take the necessary measures to comply with the judgement of the Court of Justice.? It is necessary to note that it is imperative for the Commission to twice recognise a failure to implement under 258 of the TFEU before imposing a financial penalty after the reasoned opinion under article 260 of the TFEU.
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EU LAW Directives Problem Case - Grace would make a claim for discriminatory against her employer her to retire 5 years before any male employee of her age
This is a right which she can enforce in the Enlgish courts. As the implementation period for the directive has passed, Grace may attempt to enforce it. The UK would not be able to rely on, or use as a defence, the fact that it has failed to implement the directive within the 2 year implementation period. Van Gend laid down a three stage test to determine whether an EU legislative instruments can have direct effect. First, Grace must prove that the directive is clear and precise.
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