What has been the effect on English law and law making of UK membership of the EU?
What has been the effect on English law and law making of UK membership of the EU? As a result of joining the EU English law has seen the introduction of EU primary legislation i.e. treaties, e.g. the treaty of Rome. It has also signaled the introduction of secondary legislation, which includes directives, regulations and decisions. The introduction of treaties and directives etc has prompted an increase in the force and quantity of human rights law in England, but some say for the cost of parliamentary sovereignty in the UK. This version of quid pro quo has lead many to believe in the so-called 'eurocrats' trying to govern the whole of Europe without any consultation of it's member states. EU secondary legislation has many different levels, which I think is a good thing as it allows for the correct weight to be applied to each 'Act' for use in the EU. The issue of direct effect has also come around with membership of the EU. The two types of direct effect are vertical and horizontal, vertical direct effect has evolved over the years of EU influence to a point where it is relatively easy for an individual to take a state to court and win. In the case of Marshall v. Southampton Area Health Authority. Mrs. Marshall wanted to work till she was 65 like her male counterparts, but she was made to retire at 62 because of the lower retirement age for women. She took Southampton
The debate of the Euro - 'Should Britain join the euro?'
The debate of the Euro - should Britain join the euro? Student ID number______________ Student name _______________ Course/Year _______________ Module _______________ Module Tutor _______________ Date Submitted _______________ Introduction Since the Euro appeared, there had been intense debate going on in the United Kingdom. This debate asks whether or not Britain should opt to join the single European currency. The arguments for and against are complex and often confusing, but essentially they fall into two groups. One group claims the case is pragmatic and that no matters of principle are involved; the other claims the opposite, that principle over-rides whatever other advantage there may be. The first group says that entry is purely a question of where Britain's economic interest lies. If it can be shown that the country's material well-being will benefit, then we should go in; if not, not. The second group says that, on the contrary, the very future of the country, its identity and its freedom to make its own decisions as a nation, are at stake, since entry will inevitably lead to a loss of British sovereignty to European institutions. Tony Blair's Labour government belongs to the first group. It has declared that there are no political barriers to entry and that the only tests to be applied are of economic advantage. As Gordon Brown,
The Institution of the European Union and Theories.
The EU and UK Business AVCE Business Task 1 A clear explanation of key underpinning economic theories relevant to the EU. The Institution of the European Union and Theories Economies of Scale, Firms operating in the European Union can benefit economies of scale which is where a firm expands and lowers costs for consumers and makes profits. Official definition is cost advantage through increasing in sale, the main advantages of this are especially being in the EU are that firm has large market to sell to, there is increased demand and sales to be made and above all more scope for large firms. Large business such as Boots can compete more effectively than a smaller business due to greater monopoly and lower unit costs which derive from economies of scale. e.g. a firm by entering the EU has access to larger market, larger potential of sales and increased output resulting in economies of scale. By increasing in size and producing more average costs are lowered and firm makes a profit. Supply & Demand The EU enables firms from member states to operate any where in the EU, there are advantages and disadvantages of this, Supply increases as there are so many firms operating so supplies increases but one can also have a disadvantage as there are so many firms operating supply has increased so prices would be lowered, in-order for firms to
How have Hooligans Destroyed the 'Good' Name of Football?
How have Hooligans Destroyed the 'Good' Name of Football? Most people would expect a hooligan to be, strong, male, un-shaven and thug like. But this is not true, in fact sometimes quite the opposite in this case. Hooligans come in all shapes and size, big and small, fat and thin, and sometimes quite unexpectedly are females. These people, often in large groups, go to football matches and terrorize innocent victims or the police; and the reason they give for behaving like this is that it gives them a buzz. In most cases, these people are members of special hooligan groups such as 'Combat 18' or 'Soul Crew' and travel to important matches such as local derbies and cup finals where they cause riots in cafes and bars with the aid of tables and chairs. If this problem arises, which in most cases it does, the riot police are called on to help resolve the situation before it gets out of hand. Back here in England, many of the attacks are racially based, for example: last year a white was attacked by Asian youths, just days before the football clash between Oldham and Cardiff. Oldham hooligans contacted members of the Cardiff City 'Soul Crew' which was encouraged by the club's chairman Hamman, by mobile telephone. The two groups then arranged to attack the Asian estate in a act of revenge. These actions resulted in mass riots, some of the worst in English history. These
Is a steady retreat from democracy a
Is a steady retreat from democracy a necessary price to be paid for growing involvement in the European Union? Heywood (2002) defines the 'European idea' as the belief that Europe 'constitutes a single political community' with shared objectives and difficulties despite its historical, linguistic and cultural differences. In the 20th century the European community essentially concerned itself with defence, peace keeping, and economic progress partly in response to the devastation caused by the Second World War. However, the European Union is increasingly focusing on more domestic issues such as civil rights within the EU, environmental issues and social policy. This expansion of the EU was symbolically displayed with the introduction of the Euro, a single European Currency first introduced in the 1st January 1999 (dti, 2005). This has become a contentious issue within Westminster partly due to the economic risks and partly due to the perceived democratic deficit surrounding control of the Euro and all other European Union legislation. The debate over Britain's involvement also encapsulates whether there is actually any benefit in being part of a supranational organisation, which needs to be addressed in this essay. However, it is first essential to investigate whether the EU is undemocratic and whether Britain will become less democratic if it is fully subjected to a European
The Amsterdam Treaty and The European Union
The Amsterdam Treaty and The European Union The creation of the European Community (EC) and the European Union (EU) involved the establishment of a new legal order promoting the process of European integration within member states; economically, monetarily, politically and legally the EU strives through the treaties to evolve a unitary state1. Changes in EU institutional and legal system are normally realised as a result of amendments in the constitution of the EU, its very basic treaties. The EU does not have a formal document as its constitution, presently it is developed 'primarily through processes of international negotiation which produce treaties, supplemented by the interpretative role of the Court of Justice'.2 In terms of the Single European Act (SEA) there were 5 basic provisions3. The first was to amend the EEC treaty to achieve the objectives of a European Parliament (EP) white paper; to define the Internal Market under Article 7a EC treaty and to set in place procedures for the free movement of persons, goods etc by 1993; to set up the new law-making powers of the Council acting by a qualified majority vote (QMV) in co-operation with the European Council necessary to attain the goals set out in Article 7a; to introduce the new legislative co-operation procedure in the European Parliament which would force a second reading of any legislation.(Article 189 EC
![The concern of this essay is the position of the 'Republic of Cyprus'[1], the neighbouring states of Turkey and Greece and other states with interests, historically or otherwise, linked to the island, including the UK and the USA.](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/56849/listing/56849_1.jpg)
The concern of this essay is the position of the 'Republic of Cyprus'[1], the neighbouring states of Turkey and Greece and other states with interests, historically or otherwise, linked to the island, including the UK and the USA.
The concern of this essay is the position of the 'Republic of Cyprus'1, the neighbouring states of Turkey and Greece and other states with interests, historically or otherwise, linked to the island, including the UK and the USA. Although this dispute is not so violently demonstrated as in other areas, notably Israel with regards to the Palestinians or Iraq and the Kurd population, the position and disputes that surround Cyprus are just as important and in many ways unique. The two main parties involved are Greece and Turkey; both are members of NATO and either a member or an aspiring member of the EU. The very unconventional nature of the situation means that the diplomatic approaches used by the participants is also unconventional. The lack of Cypriot Turk embassies in foreign countries means many usual forms of diplomacy have no place. Therefore, the focus of this essay will be the less obvious diplomatic advances in use, as will be set out later. The chief purpose of diplomacy, It can be said, is to "enable states to secure the objectives of their foreign policy without resorting to force, propaganda or law"2. This definition, therefore, encompasses much more than the traditional perspective of Embassies or conferences. Diplomacy does include these types of arrangements, but also informal discussions, 'Telephone diplomacy', and the lobbying of foreign governments. This
What do You Think are the Main Obstacles to a Coherent Common European Security and Defence Policy (CESDP)?
What do You Think are the Main Obstacles to a Coherent Common European Security and Defence Policy (CESDP)? Student: 2003079040 Introduction Since a 1954 plan for a European Defence Community (although not realised in reality), a Common European Security and Defence Policy (CESDP) has been 'a European ambition' for five decades. The Maastricht Treaty (1993) provides the first 'legal basis' for a Common Foreign and Security Policy (CFSP) which including the plan of 'the progressive framing of a common defence policy which might lead to a common defence' (Article J.4). The Treaty of Amsterdam (1999) added the WEU's 'Petersberg Tasks' into the Maastricht Treaty. Following the spurring of external crises such as the Kosovo conflict, in June 1999, the Cologne European Council declared the establishment of the European Security and Defence Policy, as a part of CFSP. The Helsinki European Council, in December 1999, suggested the 'Headline Goals' of ESDP and decided to 'develop an autonomous capacity to take decisions and, where NATO as a whole is not engaged, to launch and conduct EU-led military operations in response to international crises' (see "Presidency Conclusions" of the Helsinki Summit). Following the Nice Treaty (2002), new structures in the military and political areas has been established, and the co-operation in the area of CFSP/ESDP has been enhanced. However, the
An assessement of the impact of the lawyers' establishment directive.
ANASSESS Contents . Introduction 3 2. Historical and Legal Basis 3 A. Treaty of the European Union B. Case Law C. Three Directives 3. Requirements and Scope of Directive 98/5/EC 6 4. Impact of the Directive on the Market for Legal Services 7 A. Statistics and Trends B. Economic Approach C. Competition vs. Regulation 5. Conclusion 11 6. Bibliography 11 7. Endnotes 14 Appendix: 'Community' lawyers per host Member State 17 . Introduction Many lawyers and their business clientele view the European market as a single entity. The relative success of market integration has created demand for cross-border legal advice and cooperation1. Lawyers have a legitimate business interest in seeking the capacity to provide a one-stop shop to meet these legal needs2. Some lawyers, in seeking to accommodate this need, have tried in the past to establish a presence in other Member States. In some cases their right to do so, in any manifestation, was challenged; in other cases, the scope of their legal or marketing activities was hampered or rendered untenable3. Lawyers themselves recognised these difficulties for many years, and worked within the Council of the Bars and Law Societies of the European Union (hereinafter referred to as "CCBE") to cooperate and present a draft proposal for adoption by
MM02 - How the European market affects the way a firm is willing to operate as a business.
Throughout this assignment I will try to give a clearer description on how the European market affects the way a firm is willing to operate as a business. The business I have decided to focus on is mmO2. This is the new operating name of BT Cellnet, a very well firm known all over Europe, especially in the United Kingdom. It also has major opposition from many forms in the market including Vodafone, Nokia, Orange and Virgin. I will be able to identify the factors that are going to affect the way my business will operate. This includes legislation that they have to uphold, opportunities and threats presented to them by the European Union, positive and negative effects of monetary, social and competition policies, impact of cultural differences and the way their target market will react to continuous changes in the sports wear industry. My business has a monopolistic stronghold on the market and is able to dictate prices to their customers knowing full well that teenagers and young adults are willing and able to pay for these products because of a greater disposable income. In this assignment I will give my own views on how they should maximise their opportunities and minimise their threats, how they could gain a greater market share in Europe after taking advantage of their own home market. BT Cellnet was created in January 1985 with the aim of providing a quality mobile phone
