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University Degree: European Union Law

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  • Marked by Teachers essays 2
  1. Marked by a teacher

    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.

    • Word count: 3113
  2. Marked by a teacher

    Council Directive 2004/707 on transporting retired people (fictitious), adopted on 1 November 2000, requires all Member States: a. to implement measures by March 2007 giving all retired EU workers beyond the age of 65 years the right to travel within the

    3 star(s)

    Bill, a Spanish national was a teacher for 15 years in Spain before he moved to the UK. After working for 3 years as a secondary teacher in the UK, he decided to take life easier and stopped his job. At 55, he has agreed with friends that he will take care of their gardens as long as they cook for him afterwards. He now wishes to spend the winter of every year in Spain where the warmer climate is better for his health. Bill goes to his Department of Transport to ask for his free flight, but his request is refused.

    • Word count: 2043

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • Critically analyse the decentralisation of Article 81

    "In conclusion, the decentralisation of EU competition law will inevitably lead to a risk of inconsistent application and a decline in central guidance from the Commission as they will have very little influence over the process in national courts. These factors will affect undertakings self assessment due to uncertainty over how Article 81 (3) will be applied and lack of guidance. However, any disputes over the legality of agreements will be dealt with quickly and efficiently, which should promote confidence and certainty in undertakings."

  • Discuss the rules of Competition law and how the European Commission enforces these Laws.

    "In Conclusion it can be seen that the Commission has a very difficult task to perform when it comes to Competition law. On one hand it does not want to stifle companies from trying to invest and grow with the market it is within, but does not want to allow companies to become so powerful that there is no competition. The main feeling I have is that in the days of huge multinational comes that don't care about final end users but only that of shareholders. People will want to look at see that there freely elected representative are doing as much as possible to curtail these companies from having to much influence in there daily life's. In the years to come if people feel that they rights are not being expressed we will find ourselves in a world full of festering hate and greed."

  • 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

    "In conclusion the freedoms of service and establishment are economic notions they link back to the very reason the EU was first formed. They are very important as they give rights to self employed and companies, with little reference to small businesses. Competitiveness amongst the movement of workers and establishment prevents the service doctrine from growing. EU citizens would benefit greatly from growth in the services sector. They would be able to choose the best services for themselves with the best price on the entire market. This will help to maintain a borderless Europe."

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