Critically assess the enforcement actions by the Commission brought upon the French government; the relevant TFEU articles need to be considered and the effectiveness of the use of secondary sources of EU law. Decision is the most pertinent secondary source and articles 258, 288 and 260.
EU COURSEWORK In order to critically assess the enforcement actions by the Commission brought upon the French government; the relevant TFEU articles need to be considered and the effectiveness of the use of secondary sources of EU law. Decision is the most pertinent secondary source and articles 258, 288 and 260. This will be examined in greater detail and supported or refuted throughout with relevant arguments. A decision being most pertinent, under article 288 of the TFEU ‘a decision shall be binding on its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.’ There this shows that any decisions the commissioner wishes to make, it is mandatory upon a member state to implement the request. Therefore as the commission had lifted the ban on importing poultry, the French government nevertheless, still continued to ban poultry importation. As there is a continuation of the breach of the law then the commission is entitled to take the relevant procedure to ensure effective remedy is available. C-387/97[1] is Greece failed to comply with the necessary obligations made by the commission as there was uncontrolled tipping of waste and subsequently the Commission was seeking damages. Therefore under article 260 TFEU, ‘If the Court of Justice finds that a member state has failed to fulfil an obligation under this Treaty, the State
EU Law - Albatros Pool problem case. Mark and Sunita must be advised that directives, unlike regulations, do not typically establish legal rights and duties automatically on entering into force.
________________ ________________ Law of the EU Coursework ________________ 2012 PART A 1. ALBATROSS SWIMMING POOL Assume that the hypothetical EU and national legislation in this problem question exist. Following concern about the public health effects of using chlorination as a technique for cleaning swimming pools, the European Union legislature decide on 1 January 2003 to pass Directive 2003/01/EC on swimming pool safety (hereinafter referred to as 'the Directive'). Article 1 (1) of the Directive stipulates: 'Member States shall ensure that the use of chlorine cleaning agents in swimming pools is prohibited by the deadline set out in Article 20'. Article 20 of the Directive stipulates that Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 1 January 2005. The United Kingdom does not pass any legislation intended to implement the Directive. There is some existing UK legislation applicable to swimming pool safety, specifically the Health and Safety of Leisure FacilitiesAct 1974 (hereinafter referred to as 'the 1974 Act'). Section 1 of the 1974 stipulates the following general obligation on proprietors of leisure facilities, which are defined elsewhere in the 1974 Act to include swimming pools: 's2. It shall be the duty of every leisure facility proprietor to conduct his undertaking in
Critically discuss the proposition that the Treaty of Lisbon has completed the evolution of the EU legal system
David McCabe 11090596 Words: 2837(excluding footnotes and bibliography) Question: Critically discuss the proposition that the Treaty of Lisbon has completed the evolution of the EU legal system Introduction: .1 In the aftermath of WW2 the leaders of Europe faced many challenges, economically, politically and socially. It was in this aftermath that the framers of the original EC treaties sought to create an economic union which was to promote trade and commerce within the continent and thus encourage propensity and co operation in a land which had been haunted by war after war. Also in this aftermath, the Council of Europe was founded in 1949 to ensure the protection of human rights and thus ensure the atrocities of authoritarian governments did not re-occur.1 This paved the way for the creation of the Convention of human rights (referred from now on as the ECHR) which enshrined a set of common goals and standards to the countries which agreed to abide by the Convention. The European court of Human rights (referred from now on as the ECtHR) was also established as a mechanism to which human rights cases and states in breach of the Convention could have the issues adjudicated. .2 Upon the creation of the EEC, fundamental human rights were not considered part of its mandate, promoting stronger economic ties and breaking down trade barriers was to be its primary function.
EU Freedom of Establishment. In this essay I will discuss the definition of establishment and consider the relevant case-law which has shaped this fundamental freedom.
David McCabe 1090596 Freedom of Establishment Essay Introduction: .1 The freedom of establishment is one of the four fundamental freedoms of the European Union. It is governed by Articles 45-55 of the TFEU. In this essay I will discuss the definition of establishment and consider the relevant case-law which has shaped this fundamental freedom. 2 Definition of establishment: 2.1 Article 49 TFEU states: 'restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State'. It continues; 'Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 54, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.' 2.2 In Factortame II [1991] the ECJ defined establishment as "the actual pursuit of an economic activity through a fixed establishment in another MS for an indefinite period". It thus prohibits the restriction of the free
What is the meaning of the term 'measure equivalent to a quantitative restriction' for the purposes of Article 28 EC?
Samantha Nicholson Seminar Leader - Harm Schepel European Law - LW511 What is the meaning of the term 'measure equivalent to a quantitative restriction' for the purposes of Article 28 EC? Article 28, whilst appearing relatively clear on first reading, has proved problematic and therefore produced a string of case law and discussion, which continues on today. The Article states "Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.".1 This initially seems very clear in its implication. No Member State can restrict the quantity of imports from other member states. It is in the second part, the measures having equivalent effect (MEQR's) that the problems arise. In order to define the term 'measure equivalent to a quantitative restriction' one needs to trace the problems and decisions arising from this issue. This can be discussed in three different sections. Firstly, the definition of an MEQR as it stood in the cases prior to Keck2, and Directive 70/50. Secondly the changes created by the decision in Keck and other cases which followed this judgement. Finally, there are the decisions post Keck, and the fact that they have largely regressed to the decisions taken before this case. MEQR's can essentially be split into two categories; those that directly or indirectly discriminate against imported goods, and
The EU is 'fundamentally undemocratic', discuss.
The Foundations of European Union Law 'A major flaw in the EU institutional structure is that it is fundamentally undemocratic' Discuss. The European Union was previously known as the European Community, which was created after World War II to unite the nations of Europe economically to avoid another way. The EU is a framework of twenty-five countries sharing; institutions, policies and a universal currency. Ever since 1979 their constituents have voted all members of the European parliament in. Prior to this however, their own governments selected members. They named themselves parliament, even though the 'Treaty of Rome' referred to them as an assembly. Beneath Art 189, the European parliament is made up of "representatives of the peoples of the states brought together in community" 1. Only in 1986 did the states officially accept the name European parliament. The European parliament is the only organisation that represents the citizen and this is absolutely fundamental for introducing principles of democracy for the citizen. Currently in the EU all legislative actions start from the commission and there are three months major forms, the original consultation. "The co-operation procedure introduced by the SEA and the conciliation and veto procedure, also known as the co-decision procedure."2, established by the Treaty on European Union The term 'fundamentally
Developing Community policy.
The EC has a number of formal legal methods for developing Community policy. Article 249 EC Treaty1 (previously Art 189) sets out the different types of Community legislative acts: In order to carry out their task and in accordance with the provision of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations, issue directives, take decisions, make recommendations or deliver opinions. Article 249 EC Treaty (previously Art 189) provides that a 'regulation' shall be binding upon all Member States and is directly applicable within all such states. Regulations have 'general application', in that they are applicable to all Member States and are thus non-individualised legislative measures.2 Normally if a state enters into an agreement with another state, although that agreement may be binding in international law, it will only be effective in the legal system of that state if implemented in accordance with the state's constitutional requirements.3 The Community passes a vast amount of regulations each year. Fairhurst and Vincenzi (2003)4 believe that if it were a requirement for regulations to be implemented individually by each of the 15 member states, the process would be very burdensome. Similarly Craig and Burca (2003)5 argue that if it were a requirement for international measures to be separately
The Court of First Instance in Jego Quere
Robert Charles Alexander (054643848) - M100 LL.B (Hons.) Law - Level Two 2 January 2007 European Union Law - Assignment: Q3: "The Court of First instance in Jego Quere found that the right to an effective remedy, drawn inter alia from the Charter of Fundamental Rights, was inadequately protected by the model of judicial protection developed over decades since Plaumann. But was it open to put things right? Weatherill, Cases and Materials on EU Law, 7th edition, p.266. In the light of this statement, critically appraise European Community law on the aspect of standing, 'individual concern', evaluating the rulings of the European Courts and the respective Opinions of Advocate General Jacobs in Jego Quere and UPA v Council". Introduction This is a question about: a) the rulings of the European Courts in the three cases of Plaumann & Co v Commission of the European Economic Community1, Unión de Pequenõs Agricultores v Council2 and Jégo-Quéré et Cie SA v Commission3; b) the comments made in relation to these cases by Advocate General Francis G. Jacobs4 and his opinions therein; and c) the interpretation and subsequent application of Article 2305 of the Treaty of the European Union. In order to critically appraise the above issues it will be necessary to first look at the system of justice in the European Union (EU) and the details of the three cases - albeit briefly -
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.
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. EC law is supreme to national law, this has already been seen. Domestic courts are obliged to give maximum effect to EC law. By bearing this in mind, the question arises as to what extent individuals are able to rely on EC law before national courts in particular where member states have failed to implement a certain measure. Also where the implementation is in some way faulty and does not provide the maximum effect of the rights of an individual. In order to deal with this question and with regards to the principle of supremacy, the European Court of Justice (ECJ) has developed three inter-weaving doctrines: direct effect, indirect effect and state liability. By combining these together they ensure that individuals are given the best possible level of protection before national courts. Sophie can consider direct effect as a remedy. The European Community Treaties were included in the UK by the European Communities Act 19721, by passing this act, community law became in terms of international law, and directly applicable meaning it became part of the British Internal legal System "Any rights or obligations created by the treaty are to be given legal effect in England without more ado" (per Lord Denning MR
Assignment in EU Law
Assignment in EU Law In this assignment, I will look at three points, which will assist Monique to use the European Community Law in order to gain her redundancy payment. Firstly, I will concentrate on discussing the Supremacy of EC1 Law above national law. Secondly, direct effect of EC law. Thirdly, indirect effect of EC Law, referring to the notion of vertical and horizontal direct effect and lastly the matter on the non implementation of the (imaginary) Council Directive 12/05 which is called State Liability. However, it needs to be established to the reader whether Conker Plc is a private or a public company, as this will help Monique to receive the correct remedy, which may be available to her, if any. . Supremacy of EC Law It needs to be established if Monique can use Supremacy of EC Law, and if so then how. The doctrine of supremacy of Community law had no basis at all on the EC treaty but this changed, the growth of the European Court of Justice based their grounds on how the new legal order should work. The relationship between EC and National Law was established in one of the earliest cases 6/64 Costa v. ENEL2. Where for the first time the ECJ3 rejected the argument of the Italian national court by using the passage4, which has been repeated many times on cases thereafter. This case created the principle that, where there is a conflict between Community law