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University Degree: European Union Law

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  1. What are the outer limits of Article 28 EU?

    The Geddo case5 first defined a quantitative restriction broadly as a 'measure, which amounted to a total or partial restraint of according to the circumstances, imports, exports or goods in transit', which is part of Article 286. However the ECJ found more difficulty defining all measures having equivalent effect (MEQR), which was attempted in the case of Dassonville7, where it said ' all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions'.

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  2. Are EC directives directly applicable in member states?

    It has been thought that directives cannot be directly effective because the obligations in a directive are imposed on member states, requiring implementation by the state within a specific time limit, but this is not always the case. Through many rulings of the Court of Justice of the European Communities (ECJ), directives have been known to give direct effects. The ECJ has power to give preliminary references to courts or tribunals in member states under Article 234 of the EC Treaty, which states that 'the ECJ has jurisdiction to give preliminary rulings concerning the interpretation of treaties and the interpretation

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  3. A study of the European Commission

    COMPOSITION It is the 20 Commissioners (members of Commission) who provide the political leadership and direction for the organization. Today the 20 members include two (2) from the larger EU countries (France, Germany, Italy, Spain and the UK) and one (1) from each of the other Member States (Sweden, Denmark, Finland, the Netherlands, Belgium, Luxembourg, Austria, Ireland, Portugal & Greece). At present five (5) of the members of the Commission are women, which is more than it has ever had. This goes along with the increased gender balance that the European Union as a whole is striving for. To help the 20 Commissioners, around 15.000 people work on as the Commission staff, making this the largest institution within the European Union.

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  4. Company Law and Corporate Governance

    A company is a collection of assets that fall under the control of its managers. The assets derive from capital contributions from its shareholders and the profits of preceding trading activities of the company. Corporate Governance is therefore a method to ensure that the contributor of capital funds get a return on their asset and prevents self-interest in respect of the managers, to act in a way to profit themselves to the disadvantage of the owners. The relationship between the company's board of directors and the company's shareholders, and the way in which companies are governed are issues at the heart of corporate governance.

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    based on Article 30(formerly 36) and the mandatory requirements arising from the ECJ in the Cassis de Dijon. In this research, Part I will touch upon the history and background of the European Integration. Part II will examine the interpretation of the ECJ on the general provisions of the free movement of goods in the EC Treaty. Part III will analyze Article 30(formerly 36) and the Cassis de Dijon case which provide the exceptions to the general provisions of Articles 28(formerly 30) and 29(formerly 34) under the EC Treaty. Finally, Part IV will be the conclusion and some comments.

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  6. Immigration Law in the United Kingdom: Advice to a client

    3 Article 39(1) EC provides that 'freedom of movement for workers shall be secured within the Community' and Article 39(3) EC provides, inter alia, that 'it shall entail the right, subject to limitations justified on grounds of public policy, public security or public health, to accept offers of employment actually made and (sic) to move freely within the territory of Member States for this purpose.'4 I am told that Danielle has recently been offered a position with Scrooge & Co, but has come to the UK even though she will not commence her position for six months.

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  7. Explain the link between subsidiarity and federalism. What view of federalism would be consistent with the principle of subsidiarity?

    The formal power distribution within a federal state, along with the rights (and sometimes the obligations) of the citizens of the state in question, are normally codified within a written formal constitution - the constitution is generally safeguarded by a constitutional court which deals with all matters relating to the Constitution - examples include the German Constitutional Court based in Karlsruhe - the US Supreme Court in Washington DC, and, in an informal sense, the European Court of Justice could be seen as a quasi-constitutional court In Europe, federalism is in fact associated with the concept of decentralisation whereby political

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  8. Direct effect is a community concept developed by the court of justice to apply to treaties, regulation, directives and decisions.

    The directive could be enforced, but the UK would have to recognise the binding effect upon them. Where directive is not required it may take effect at once provided the criteria for direct effect are met. Directives are capable of creating rights for individuals, who might enforce them in national courts. The three interlinked doctrines of directives are: direct effect, indirect effect, and state liability. Which provide protection for individuals who may suffer as a result of the state failing to abide by community law. The general potential of a directive to have direct effect does not depend on its legal basis but exclusively on its intrinsic characteristics.

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  9. In advising Sophie as to what remedies she might have in community law, the areas of direct effect, indirect effect and state liability will be taken into consideration.

    If provisions of international law are capable of applicability by national courts, they are also termed 'directly applicable'. This has created ambiguity which gives rise to uncertainty in the context of EC law. Winter suggested that 'directly effective' should be used instead. However, not all provisions of directly applicable international law are capable of direct effects. A few provisions are seen as binding on, enforceable by states alone, whilst others are quite vague to make the basis of rights or obligations for individuals, others are incomplete and require implementation before they are successful in law. Whether a provision is effective is a matter of construction but this depends on the language/purpose and also the terms on which the Treaty has been included into domestic law.

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  10. Reform of the ultra vires rule: A personal view.

    Ultra vires: abolition or reintroduction? The DTI and the institutions and individuals who were consulted by Dr Prentice (for list see pp 79-81) want to see the ultra vires rule abolished. In their introduction to the consultative document, the DTI state: 'Dr Dan Prentice ... [was] appointed to examine the legal and commercial implications of abolishing the ultra vires rule as it applies to companies registered under the Companies Act, and to make recommendations on any legislative changes which might be necessary consequent on abolition' (at p1).

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  11. Predatory pricing strategies in the European union: A case for legal reform.

    Predatory Pricing and the Goals of E.U. Competition Policy: Efficiency and Market Integration In order to place predatory pricing issues properly in the European context, it is first useful to refer briefly to the goals that the Competition Law of the E.U. is designed to serve. Efficiency The objective of efficiency, advanced by both the optimal use of the available factors of production, and the allocation of human, material and financial resources, in view of the current societal needs, has been recently reduced to one of the central goals of the European Competition *212 policy.

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  12. Justice (ECJ) said that " The member states have limited their sovereign rights, and have thus created a body of law which binds both their nationals and themselves".

    The conditions were laid down in Van Gend en Loos v Nederlandse Administratie der Belastingen (Case 26/62) [1963] ECR 1 that the directive must be clear and precise, unconditional and leaving no room for discretion in implementation. However in the current case although the directive is clear, precise and unconditional it gave some discretion as to when it must be implemented. Therefore the directive would be directly effective once the time limit for implementation has expired. If in the current case the time limit has not expired the directive is not directly effective as seen in Pubblico Ministero v.

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  13. The amanded Television without frontiers directive

    Eventually, we will analyse the issues raising from the TWF directive and how they have been tackled. That will lead us to the end of the analysis where I will describe the current state of the directive in the European context and will give my opinion about that concern with pleasure. * The television without frontiers (TWF) as I said above, was created in 1984 but evolved until 1989 and then in the nineties until 1997. It was an assistance from the EU to establish a change in the European media and has been encouraged by the European Council (Richard Rooke, 2002)

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

    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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  15. 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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  16. FSC's - Explain briefly the history of the dispute and what is it about.

    However the ETI did not meet the demands of the WTO who in Jan 2002, deemed this also as an illegal export subsidy. (www.eurunion.org). The ETI act seemed like a desperate attempt to show progress had been made as it was signed in the midst of the presidential elections. A Diagram showing how the FSC legislation helps the US Companies to export (See Appendix A) A diagram showing the effect of EU sanctions on US Goods. (See Appendix B) Are there any other reasons why the US gives these Breaks In 1981 GATT gave the US the backing of FSC's which the US claims make the subsidy legal.

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  17. European Law.

    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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  18. 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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  19. 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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  20. European Union Law - articles 25 and 90 of the EC Treaty.

    The Articles 90-93 (ex 95-99) is design to cope with this problem. The purpose of the Article 90 is to prevent the objectives of the Article 25 from being undermined by discriminatory internal taxation. We can distinguish two sections in the Article 90:The section 1 of the Article 90 is based on the comparison of similar products define as to be those "which have similar characteristics and meet the same needs from the point of view of consumers". The subsection (2)

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  21. European Union Law.

    * Groener . v. Minister for Education (case 397/87:) Groener was a Dutch teacher who was refusing a post of teaching essentially in English, after failing an Irish test.4 Because Astrid already passed an English test in Germany, it would mean that she is able to speak and write in correct English (including the fact that she found a job in Bank after.). Estate agent does not require an intransigent level of language so she could have complained about the fact that she has been refused the job, which can be contrary to Article39 (48)

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  22. Developing Community policy.

    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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  23. European Union Law.

    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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  24. What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States.

    Finally, I will state the restrictions that exist in relation to the free movement concept of the European Union. Part 1. What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States. The free movement of goods was arguably one of the primary purpose for the creation if the European Union. Without restricting measures in place: whether in the form of barriers or tariffs, the abolition of restricting laws, enables and assists trade between Member States. This can only be beneficial to each Member State's economy.

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  25. 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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