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University Degree: European Union Law
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- Marked by Teachers essays 2
What is the meaning of the term 'measure equivalent to a quantitative restriction' for the purposes of Article 28 EC?4 star(s)
Dassonville were a French company who exported Scotch Whiskey and they appealed that it would be very difficult for third party exporters to obtain such a certificate in respect of goods already in free circulation in the third country. The ECJ upheld the Dassonville appeal, stating that the law would impose a greater burden on those seeking to import goods into Belgium, and would therefore hinder free movement, and is consequently a MEQR as prohibited by the Treaty. What is important to note in this decision, is that the ECJ will take a very broad view of measures which hinder the free flow of goods between Member States.
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Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, 2001/29/EC, on the problems posed for musical copyright owners by the development of the Internet. Does the Directive achieve, in your view, a workable and effec
It manages to promote some level of standardisation within the EU regarding copyright and related rights. This was a necessity for the successful enforcement of copyright owners' rights. Prior to standardisation, the laws governing the Internet within the EU were so fragmented that they could be circumvented by a user merely setting up a server in a country other than his own which had a lower standard of applicable laws and enforcement of those laws. The standardisation within the EU now means that all Member States have a degree of harmonisation and can enforce this Directive without dispute as to governing law (within the EU).
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Institutional development perspective is a crucial point of the enlargement process not least because before accepting new members, significant institutional reforms must be accepted. The process of interaction and integration with direct neighbours depend the future success or failure of the EU. Hence, Ronald Dannreuther suggests: The impact of EU enlargement is also not limited to the accession of new members but involves the definition of new borders and creation of new neighbours... (Dannreuther, 2004: 2) Fraser Cameron claims (2004)
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The scenario presented involves an Irish national, Gerard, who had migrated to the UK unaware of a new legislation which posed an obligation on him to register with the UK Border Agency upon arrival, because he was a non-UK national. Gerard appealed the d
wrongly dealt with as it is the role of the European Union law to govern such matters with the regulations laid down through various treaties. The problem must be dissected into fragments to consider each action taken by or against Gerard, the validity of these actions in accordance with EU law, the lawful procedure that Gerard should have experienced under terms of EU law and which authorities were responsible for handling the case. Whether Gerard has remedies that allow him to enforce his rights must be also be revised.
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can utilise the "direct" actions, namely Art 230 (actions against EU institutions for exceeding powers), and Art 232 (actions against Community institutions for failure to act). Provided that the possibility of non-compliance has been notified, in the scenario given, the Commission can engage in informal discussion with the United Kingdom. This is known as the informal stage or mediation. The Commission will also identify the severity of the breach and will prescribe a time limit within which the UK must comply with the relevant obligation under the Treaty, namely its obligation under Art 39(1)
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Many of so-called "other bodies" are established by the institutions. For instance European inspector on data protection - independent body of control on loyalty and freedom of person in informational sphere. In this coursework I shall consider mostly the three main institutions of the European Union (The Council, Commission and EU Parliament). Specifically, I shall concentrate on the respective roles played by the institutions in the legislative decision -making process, by the powers vested on them. Also the point of reforms in those process to be discussed. It should be noticed that there is no traditional separation of powers within the EU, but rather a form of EU institutions integration.
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The procedure before the court was adversarial ? It allowed legal representation ? No-one could practice as a doctor in the Nederlandse without registration with the Royal Society; decisions of the Appeals Committee therefore have particular importance in regard to the individual's rights to earn a living ? The particular case concerned the qualification of a doctor trained in another Member State; there were likely to be issues raised in the Appeals Committee relating to the freedom of establishment and freedom to provide services in Community law ?
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Therefore, if is unsuccessful an action of annulment, they citizen regulation will implemented in their legal system without the choice and form of implementation Directives . M being a MS comes under the privileged applicants when reviewing an act under judicial review. Thus, M has an automatic locus standi and do not have to prove a standing as a natural and legal person would. Furthermore, article 230 imposes a two-month time limit in which action should be taken. To comply with this requirement, M must ensure that their application for annulment is within this time limit.
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The topic of 'Judicial Activism' is a live one in most countries of the common law. The accusation that judges have gone above their appropriate function is frequently made by politicians, media commentators and even some lawyers. The accusers allege that judges should stick to applying the law, they should not make it. The European Court of Justice in Luxembourg is frequently accused of being extremely activist in its rulings. Convincing scientific evidence for this position has, however, up until now been lacking.
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Finally, I shall comment on how the interpretation of Article 230 of the Treaty of the European Union has been altered in the light of the rulings given in these cases. Argument One of the areas of EC Law which has been most widely debated and subsequently criticised has been the approach that the Court of Justice of the European Communities (ECJ) has taken in regard of the 'standing' of private citizens of the European Union who seek to bring actions for the annulment of specific European Community (EC)
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The Geddo case5 first defined a quantitative restriction broadly as a 'measure, which amounted to a total or partial restraint of according to the circumstances, imports, exports or goods in transit', which is part of Article 286. However the ECJ found more difficulty defining all measures having equivalent effect (MEQR), which was attempted in the case of Dassonville7, where it said ' all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions'.
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It has been thought that directives cannot be directly effective because the obligations in a directive are imposed on member states, requiring implementation by the state within a specific time limit, but this is not always the case. Through many rulings of the Court of Justice of the European Communities (ECJ), directives have been known to give direct effects. The ECJ has power to give preliminary references to courts or tribunals in member states under Article 234 of the EC Treaty, which states that 'the ECJ has jurisdiction to give preliminary rulings concerning the interpretation of treaties and the interpretation
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A company is a collection of assets that fall under the control of its managers. The assets derive from capital contributions from its shareholders and the profits of preceding trading activities of the company. Corporate Governance is therefore a method to ensure that the contributor of capital funds get a return on their asset and prevents self-interest in respect of the managers, to act in a way to profit themselves to the disadvantage of the owners. The relationship between the company's board of directors and the company's shareholders, and the way in which companies are governed are issues at the heart of corporate governance.
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based on Article 30(formerly 36) and the mandatory requirements arising from the ECJ in the Cassis de Dijon. In this research, Part I will touch upon the history and background of the European Integration. Part II will examine the interpretation of the ECJ on the general provisions of the free movement of goods in the EC Treaty. Part III will analyze Article 30(formerly 36) and the Cassis de Dijon case which provide the exceptions to the general provisions of Articles 28(formerly 30) and 29(formerly 34) under the EC Treaty. Finally, Part IV will be the conclusion and some comments.
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Explain the link between subsidiarity and federalism. What view of federalism would be consistent with the principle of subsidiarity?
The formal power distribution within a federal state, along with the rights (and sometimes the obligations) of the citizens of the state in question, are normally codified within a written formal constitution - the constitution is generally safeguarded by a constitutional court which deals with all matters relating to the Constitution - examples include the German Constitutional Court based in Karlsruhe - the US Supreme Court in Washington DC, and, in an informal sense, the European Court of Justice could be seen as a quasi-constitutional court In Europe, federalism is in fact associated with the concept of decentralisation whereby political
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Direct effect is a community concept developed by the court of justice to apply to treaties, regulation, directives and decisions.
The directive could be enforced, but the UK would have to recognise the binding effect upon them. Where directive is not required it may take effect at once provided the criteria for direct effect are met. Directives are capable of creating rights for individuals, who might enforce them in national courts. The three interlinked doctrines of directives are: direct effect, indirect effect, and state liability. Which provide protection for individuals who may suffer as a result of the state failing to abide by community law. The general potential of a directive to have direct effect does not depend on its legal basis but exclusively on its intrinsic characteristics.
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Ultra vires: abolition or reintroduction? The DTI and the institutions and individuals who were consulted by Dr Prentice (for list see pp 79-81) want to see the ultra vires rule abolished. In their introduction to the consultative document, the DTI state: 'Dr Dan Prentice ... [was] appointed to examine the legal and commercial implications of abolishing the ultra vires rule as it applies to companies registered under the Companies Act, and to make recommendations on any legislative changes which might be necessary consequent on abolition' (at p1).
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Predatory Pricing and the Goals of E.U. Competition Policy: Efficiency and Market Integration In order to place predatory pricing issues properly in the European context, it is first useful to refer briefly to the goals that the Competition Law of the E.U. is designed to serve. Efficiency The objective of efficiency, advanced by both the optimal use of the available factors of production, and the allocation of human, material and financial resources, in view of the current societal needs, has been recently reduced to one of the central goals of the European Competition *212 policy.
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The Articles 90-93 (ex 95-99) is design to cope with this problem. The purpose of the Article 90 is to prevent the objectives of the Article 25 from being undermined by discriminatory internal taxation. We can distinguish two sections in the Article 90:The section 1 of the Article 90 is based on the comparison of similar products define as to be those "which have similar characteristics and meet the same needs from the point of view of consumers". The subsection (2)
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* Groener . v. Minister for Education (case 397/87:) Groener was a Dutch teacher who was refusing a post of teaching essentially in English, after failing an Irish test.4 Because Astrid already passed an English test in Germany, it would mean that she is able to speak and write in correct English (including the fact that she found a job in Bank after.). Estate agent does not require an intransigent level of language so she could have complained about the fact that she has been refused the job, which can be contrary to Article39 (48)
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What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States.
Finally, I will state the restrictions that exist in relation to the free movement concept of the European Union. Part 1. What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States. The free movement of goods was arguably one of the primary purpose for the creation if the European Union. Without restricting measures in place: whether in the form of barriers or tariffs, the abolition of restricting laws, enables and assists trade between Member States. This can only be beneficial to each Member State's economy.
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However despite its significance, it is important to put it into context of the many types of community law, not all of which entail direct effect or which can only be directly effective in certain circumstances, such as directives. The judicial foundations for direct effect were laid down in Van Gend En Loos (1963) a case which arose when the applicant was charged an import duty by Customs and Excise that had been increased to 8% in contravention of Article 12 of the EC treaty, which specified 3%.
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An investigation into the problems that have arisen with regard the use of the general powers enshrined in Article 94, 95 and the residual power in 308 EC in relation to the development of the European Community's competence.
It is thus axiomatic that every legal act it adopts has a legal basis in order for it to be enforceable. Although this principle of 'attributed powers' is fundamental to the very existence of the European Community, the actual ramifications of the principle are far from clear. Article 5 encapsulates a system whereby the power is predominantly granted by the member states but this as many academics would agree is far from reality. The uncertainty over the procedural aspect of the attribution of powers has allowed a complex system to be developed that some would argue has 'over the years mutated towards a more institutional rather than intergovernmental model...where (rather than the resorting to IGCs to increase formal powers)
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The ECJ's primary purpose in creating the concept of direct effect was to ensure the efficient development of the Union, rather than to empower the individual. Discuss.
Art 249 (ex 189) of the EC Treaty3 specifies three forms of Community secondary legislation, they are: Regulations, Directives and Decisions. In law, all legally binding acts should have effect. In European community law the treaties with their annexes and protocols, regulations, directives and decisions all must have legal effect.4 Regulations under Art 249, shall be binding in its entirety and in all member states without the intervention of any legislative body. The ECJ has said in regards to directives as direct effect, they are only applicable if it is between a state and an individual, only if the state fails to implement the directive; this concept is known as vertical direct effect.
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This article will critically assess the protection of privacy in the electronic communications sector according to European Directive 2002/85/EC and the resultant privacy and Electronic Communication (EC Directive) Regulations 2003.
Regulations 20033. This Directive attempts in particular to grapple with two main controversies which are central to the topic of privacy protection: Spam and Cookies. It also contains interesting attempts to control the retention and collection of traffic data and location data, and to restrict the placing of personal information on in public directories. 1- Spamming: The bulk sending of unsolicited marketing emails is known as "spamming". The new Directive prohibits anonymous spamming or sending spam under a false identity.
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