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University Degree: European Union Law
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Undertakings This can be interpreted widely and has no defined meaning. This can mean that any entity from a sole trader to the biggest multinational can come into this heading, as long as they have an economic role. See the cases of Hofner and Elsner v Macrotron1, RAI/Unitel2 and Merci Convenzionale Porto di Genova v Siderurgica Gaberielle SpA3. Even undertakings run by the Member State can come under this. See the case Job Centre Coop4. Even when a company is a subsidiary of a bigger company it will still have to come in line within the EC.
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Discussion of the quotation from Advocate General Jacobs in Unión de Pequeños Agricultores v. Council.
A "Decision" has a far wider definition than that under Art 249 EC (Measures binding in their entirety upon those to whom it is addressed)4 and may include the "decision" to close a file5 or not to pursue a course of action.6 It may be said that any measure of the institutions of the EC having legal effect will fall under Art 230 as a reviewable act unless they are not acting as such a body.7 The meaning of "Direct Concern" relates not to the gravity of the impairment suffered by the applicant or that there exists a connection between the act and the applicant, but that it produces an immediate, automatic and inevitable legal consequence upon him.
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Without regulation, oligopolies and monopolies, restrict consumer choice, dominate the market, as well as manipulate supply, in some circumstances, so as to undermine pricing policies. Similarly, a lack of regulation tolerates the creation of discrepancies, between the bargaining power of trading parties, so allowing for coercive manipulation of contract and obligation, to fulfil market dominance, by more powerful competitors3. Regulations of the type, of Article 81, allow for avoidance, of market failures such as price fixing, supply side distortions, monopolies, independent control over production quotas and market externalities such as pollution and the opportunity cost, of undermining other undertakings, as
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Examine the law making powers of the Community Institutions and the legal effects of Community laws.
Under the Treaty, the commission has two functions; to initiate proposals for legislation to be considered by the Council and the European Parliament, and to ensure that the provisions of the Treaty and EC law in general are implemented and applied. The wider roles of the Commission include representing the community on an international scale and the administration of funds in an executive role. It should be noted also that the decisions of the Commission are made mainly by a simple majority vote.
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Critically evaluate the above statement in the context of EC law making, paying particular attention to past and potential reforms of the EC Treaty.
One of the key features of any democratic system is a directly elected Parliament. The European Community has one in the shape of the European Parliament. The European Parliament started life as a rather powerless assembly under the European Coal and Steel Treaty, made up of MP's of the Member States. The power and influence of the Assembly grew and grew over the years being given power over the budget2 of the EEC in the budgetary treaties of 1970 and 1975. In 1976 the Council adopted an act which provided for the Assembly to become directly elected and on July 17th 1979 four hundred and ten3 MEP's were duly elected to office.
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It is for this reason that the EC Treaty (Art 249) provides that a regulation shall be 'directly applicable'. This means regulations shall be taken to have been incorporated into national legal system of each Member States automatically. They require no further action by Member States, and can be applied by the courts of the Member States as soon as they become operative6. As Wyatt & Dashwood (2000)7 put it, the reference to direct applicability in Article 249, "emphasises that national courts must take cognisance of regulations as legal instruments whose validity and recognition by national courts must not be
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Such measures include regulatory criteria introduced to set minimum standards8 for the size, weight, quality9, content,10 presentation and price of goods11. Inspections and tests for conformity to standard are also such measures12 and the promotion of goods by reason of their national origin, which influences trade, is also deemed as such a measure.13 Failure by a Member State to prevent individuals from obstructing the free movement of goods, also falls within the ambit of such measures14. However, a measure falling within the Dassonville formula, which operates to apparently disadvantage domestic products, will not contravene Community law15.
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The Luxembourg Compromise is, in fact, an agreement in case very important national interests are at
In particular, this stage required majority voting over certain Council decisions where previously unanimity was needed. Under increasing domestic pressure and fear that the member states would carry out Community affairs without their participation, France attended the extraordinary session called by the Council. The main agreement of the Compromise was over majority voting1 . It was stated that when the Council were taking decisions through majority voting, if 'very important interests'2 of a member state were at stake, the Council would attempt to obtain a decision acceptable to all members within a 'reasonable time'3 . France though, it was noted, were opposed to this.
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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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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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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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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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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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