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University Degree: European Union Law
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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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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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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 Packaging and Packaging Waste directive (94/62/EC)The European Community first introduced measures on the management of packaging waste in the early 1980s. Directive 85/339/EEC covered
The European Community first introduced measures on the management of packaging waste in the early 1980s. Directive 85/339/EEC covered the packaging of liquid beverage containers intended for human use only but it was too vague to be effective. As a consequence, only some EU Member States introduced measures on packaging and packaging waste management with a view to reducing their environmental impacts. Problems arose when cheap secondary materials from countries with recycling schemes that provided funding for collection and recycling appeared on the markets of other Member States where no such schemes were in place. Collection and recycling activities that relied on cost recovery through the sale of secondary raw material were threatened by collapse.
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permits investment companies and co-operatives' exclusion from Directive's application, the latter accommodating French/Italian practice17. A 1992 proposal to extend Directive to private companies and limited partnerships with shares18 encounters strict public company provisions' inappropriateness for private companies needing flexibility. The Second Directive sets minimum standards, so states may impose stricter standards19 where relevant article expressly authorises20. Art. 42 requires member states to have laws treating shareholders in same position equally to ensure Directive's effective implementation; UK company law provides non-discrimination principle21, while Germany has equivalent 'Gleichsbehandlung' principle22.
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Consider the significance of the court's judgment in Case C-376/98 'Tobacco Advertising'  ECR I-8419 for the community's legislative powers.
If that is true, the issue is genuinely a European one. If not, it should remain under the competence of national governments. The German Government disputed the fact that the main argument of the directive was a public health issue and not the promotion of the internal market. If so, the Community has no Treaty base to approve such an act. As a response the Parliament, the Council and the Commission declared that the directive was mainly intended to regulate the internal market in the relation to tobacco advertising. The emphasis on public health aspects was to be explained by the fact that national legislations did not see the question as
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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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Discuss the employment legislation that governs the modern employment relationship, including employment law such as the working time directive, and contarct of employment rights of workers in various contexts.
I feel the following statement summarises well the importance of the employment market, "Human resource managers need to understand the dynamics of the employment market in order to deal properlywith resourcing......and obtain people with essential skills." Price (1997). In this essay I will discuss the employment legislation that governs the modern employment relationship, including employment law such as the working time directive, contarct of employment rights of workers in various contexts e.g. maternity rights and the rights of part-time workers.
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There have been various cases to which a worker has been defined but in essence all of the decisions have concluded to the same thing, the ECJ pointed out that for a person to be classified as a worker there needs to be an "employment relationship" where a person "performs services for and under the direction of another...in return for remuneration"3. The only concern that I have is that with no set definition each member state has the opportunity to deem what they believe a worker to be which in turn will lead to fragmentation of the market.
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The children were nationals working in their own Member State and had not exercised their right of free movement within the Community therefore EU law would not apply to them as it their situation was wholly internal. In was established in Moser5 that the cross border element must be real, not just potential or hypothetical. It does appear that it is the intention of the ECJ to discriminate and neither EU measure nor the national measure would appear unlawful if considered independently.
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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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EC, as amended by the TEU2, "binding in their entirety and directly applicable in all Member States". Therefore since they become a part of the domestic law of the member state automatically and do not require further incorporation into national legislation, they give rights upon individuals which can be relied on in their national courts.3 However the position in relation to directives is more complex and highly controversial. Under Article 249 directives "bind any member state as to the result to be achieved" while leaving the national authorities to choose the form and methods.4 Directives, unlike regulations, are not directly applicable which means they do not become law straight away.
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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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How far has the creation of a single market in goods resulted in the limitation of powers of community member states in the field of commercial activity?
In terms of state monopolies of a commercial character8 Generally freedom of goods applies to goods produced within the community and those from outside the community which are in free circulation, this can be seen in Article 239 and Article 10 (1)10. Goods or products are not defined in the Treaty, therefore the courts have found difficulty in defining what goods or products are also there have been problems where products have been produced in various countries therefore the problem of origination occurs.
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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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Regulations 1989 and for, certain electrical toys, compliance with the Low Voltage Electrical Equipment Regulations 1989 is also necessary. The Electromagnetic Compatibility Directive may also be appropriate. If your product is designed, or clearly intended, for use in play by children less than fourteen years, it comes under the jurisdiction of the Toys Safety Directive. The Directive also includes specific requirements for toys intended for children under 36 months. Some items however are not considered as toys for the purposes of this Directive, these include; slings and catapults, darts with metallic points, toy steam engines and fashion jewellery. No part of a toy may exceed 24 volts.
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The object of allowing direct effect in such cases is to prevent the defaulting Member State from benefiting from their failure to implement, and subsequently encourage the Member State to implement the provision forthwith. All provisions of EC law containing a binding legal obligation are capable of judicial enforcement, i.e. direct effect in the courts, provided they meet three conditions. The provisions contained in the directive must be: i. sufficiently clear and precise, ii. unconditional, iii. the State must have failed to implement the directive or failed to implement the directive completely.
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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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This is the latest book of the author and contains a lot of detailed information about the European Union. Nigel Foster is a well known author and a professor of the European Law at Buckingham University. Blackstone's Statute Books are Nigel Fosters most successful books ever written. Not only this but he has also written number of articles on the European Union. I have used this book as a secondary source for my coursework as it holds a vast information about the European Union and its History.
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They cannot be addressed to individuals or companies. Furthermore, it does have vertical direct effect but no horizontal direct effect. Thirdly, Article 288 TFEU states that a Decision is binding in its entity and a decision that specifies those to whom it is addressed is binding only on them. They can require authorities and individuals in Member States either do something or stop doing something, and can also confer rights on them. (Art 294 (2) TFEU) The ordinary legislative procedure starts with a proposal from the commission, which may have been requested by the Council, the European Parliament, group of member states or the European Court of Justice.
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What does Dr. Symeonides mean when he characterises Rome II as a missed opportunity? Would it be fairer to see the Regulation as an essential step forward in the process of European harmonisation of conflict rules? Support your answer with practical examples.
The EU Parliament also wished to introduce some changes to the draft version that would make document more flexible, however most of these were rejected during the three Parliamentary readings. The final text of the Rome I, according to Symeonides, has adopted very strict rules with relatively few exemption clauses and left a little room for flexibility and judicial discretion. The Rome II covers non-commercial matters in cases of conflict of laws and applies within and outside of the EU.
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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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How did the provisions of Part II of the Merchant Shipping Act 1988 and Part VII of the Merchant Shipping (Registration of Shipping Vessels) Regulations 1988 threaten the livelihoods of Factortame? On what grounds did they claim the provisions were contrary to European Economic Community law? Why was the prohibition they were seeking so urgent?
This act and its regulations were introduced due to Spain?s fishing vessels attempting to obtain a part of Britain?s fishing quota allocation. The act demanded that the vessel could only be eligible for registration if the vessel is British owned, controlled from within the UK, and that the vessel?s management is a UK person or company. None of the applicant companies complied with the conditions, as they were mostly citizens of Spain. The consequences that the applicants could potentially incur would be the inability to fish in UK waters, which could result in agricultural difficulties and food shortages for areas dependant on fisheries.
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