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University Degree: European Union Law

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  • Marked by Teachers essays 2
  1. 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.

    • Word count: 671
  2. How can I be sure toys are safe?

    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.

    • Word count: 594
  3. 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.

    • Word count: 791
  4. 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.[1] 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.

    • Word count: 602
  5. Why was Article 13 of the Convention left out of the Human Rights Act 1998 and with what results? How could the relationship between the Human Rights Act 1998 and the European Convention on Human Rights change after the entry into force of Article 6 (2 and 3) of the Lisbon Treaty?

    For the years between 1951 and 1998, English courts were influenced by the European Convention of Human Rights 1950 yet it was not enforced.[2] ?The House of Lords stated that they would presume that Parliament did not intent to legislate contrary to the ECHR.?[3] This leads us to assume that decisions taken by the House of Lords would most closely correspond with the rules set out in the ECHR, but that this compliance is not legally binding. Since the European Court of Human Rights can only be called upon after all domestic remedies have been exhausted, Parliament plays a large role in deciding if primary and secondary legislations were incompatible with the ECHR.

    • Word count: 735

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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