...European Social Law Essay “In Western European societies, the dissociation between labour law and the law governing markets, which resulted in the emancipation of the former [from the latter], has been of significant relevance” (Antoine Lyon Caen, translation from “Droit Communautaire du marché v.s. Europe sociale”) Discuss whether and to what extent the ECJ's judgements in Viking, Laval, and Rüffert make it difficult to uphold the division between labour law on the one hand and the law of the (internal) market on the other hand, which - according to Lyon Caen - has been characteristic of labour law in Western Europe so far. Dissociation between labour law and law governing markets Labour law emanicapted from law governing markets Is it difficult to uphold labour law? and law of internal market? Balance the two? Introduction Balance the application of the EU's free movement rules (in particular the right to work and provide services in another member state) with the maintenance of different national social systems How will these freedoms affect trade union rights such as the right to collective action and collective bargaining? For a long time there has been a tendancy to look upon the EC as a guarantor of labour and social rights (particularly by the UK) Globalisation poses threats to national protection of labour law. Creates pressure for race to the bottom. So, supranational action is needed to defeat this pressure (justification for...
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...Sovereignty is used to describe the idea of the power of law making unrestricted by any legal limit, Parliamentary sovereignty is part of the uncodified constitution of the United Kingdom. It dictates that Parliament can make or unmake any laws as it is the ultimate legal authority in the UK. Parliament is still sovereign as it can make law on any matter and it has legislative supremacy. However parliamentary sovereignty can be questioned due to the membership of the European Union and the Human Rights Act. Parliament can make laws on any matter due to Dicey in ‘Law of the Constitution (1885).’ He said that ‘in theory Parliament has total power. It is sovereign'. He states a number of reasons as to how this is possible. Firstly Dicey points out that Parliament can pass laws on any subject without legal restriction therefore it is sovereign. This principle is a result of the election of the Members of Parliament (MPs), by the electorate which gives them authority to represent and pass legislation on their behalf. Parliament being able to make laws on any matter can be traced back to the Bill of Rights 1689 where it was said that the monarch alone could not pass or repeal laws without Parliament's consent. Parliament is also free to modify its own makeup and authority. This is confirmed in the Parliament Acts of 1911 and 1949 which removed the veto powers of the House of Lords and the Life Peerages Act 1958 which apart from giving the Prime Minister flexibility to modify the composition...
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...1. Introduction 1.1 definition of Law: [MASS NOUN] (Often the law) The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties: The purpose of this report is to evaluate the purpose of Alternative Dispute Resolution (ADR) paying particular reference to the serves that Acas provides. The extent of its success as a way of resolving disputes outside of formal judicial process. Furthermore this report will look into why European Law has more power over United Kingdom’s domestic law. And lastly the two employment rules a new business in the UK is required to conform too. This will be followed with a conclusion. 1. Purpose of Alternative Dispute Resolution (ADR) The work environment is one tough place to be as it is very difficult to avoid any type of conflict that can arise between work colleagues or with the employer and employee. For this reason it is valuable for an organisation to have a resolution of work place conflict, safeguarding this is very effective for employees and employers as well as members of the business shareholders Teague et al (2012). The main issues that are faced in the work place are usually disputes occurring in work groups or sometimes involving people in work groups these are usually to the way someone is doing their job, personality clash the difference in age, race could also be a cause for work conflict. Teague et al (2012). The conflicts...
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...principle is central to understanding the unique nature of the European Union Legal Order”, there are a few things we must first understand as this statement actually asks us three questions. Firstly what is the “unique nature” of the European Union (EU) Legal Order? Second, what is the supremacy or primacy principle? And finally, how important is the supremacy or primacy principle in achieving the goals of the European Union Legal Order? In my answer I will not separate these issues out, but instead I will attempt to answer the question with these issues in mind. According to Hendrik Jan van Eikema Hommes “if a multiplicity of legal rules displays a juridical unity, we can speak of a legal order or a legal system.” The European Union represents a supranational legal order within the specific fields delegated to the institutions and the competence of the community. This supranational federation is a new political entity which works above the individual national governments which make up its membership. The European Union is considered unique in this respect due to the level of integration which raises the Union from being merely an international agreement to being a supranational entity. Martin Steinfield describes the EU is a “federal order of sovereign states that has to grapple with legal political and economic relations in the wider world”. He also argues that “mixity” is at the heart of the European Union since the union must balance the integrity of its own new legal order against...
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...1- Introduction The aim of this paper is to provide an explanation why nowadays the European Union has such a strong Court of Justice (the Court). The paper is composed of four main parts. In the first part we will present a brief overview of the evolution of the Court of Justice through time. The second part deals with the creation of the legal doctrines as a means of empowerment of the Court. In the third part we will discuss the cooperation between the national courts and the Court, and finally the last part is dedicated to the relations between Member States and the Court. It should be noted that in each part of the paper we will bring arguments and various examples to develop a structured and complete answer. 2- The Court of Justice through time The European Court of Justice (Court of Justice under the Treaty of Lisbon ) was created in 1951 as the judicial body of the European Coal and Steel Community. It is based in Luxembourg and is composed of 27 judges, one from each Member State. They are appointed by their Member States for a renewable period of 6 years. The judges are assisted by eight Advocates-General whose main task is to deliver legal opinions. At the beginning the Court of Justice had only three limited functions: • To ensure the administrative compliance of the Member States with the rules of the treaties, • To resolve the disputes in case the EU laws are vague, • To keep the Commission and the Council of Ministers from exceeding their authority...
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...Grading tips Pass p4 To gain a pass you will need to describe the functional activities and their interdependencies (how they fit together) in two organisations. Use the same two organisations that you have been looking at for your assignment work so far on this unit, and draw charts and diagrams which show their functional activities. Explain in detail what each of the functions involves. Show how the functions fit together, e.g. the relationship between marketing and customer service, or how the call centre fits into the overall structure of the organisation. Draw a clear and well-labelled diagram of your organisation. Use lines and arrows to join up the various positions in the company. Then describe clearly what each of the functions involves and how they fit together. Merit m 2 To gain a merit you will need to compare the factors which influenced the development of the internal structures and functional activities of these organisations. Why do they have different structures? How does the structure relate to the particular sector (private/public/voluntary or charity) that the organisation is in? You may want to evaluate how effective the organisational structure is (does it work well or could it be improved?). If the organisations do not already provide organisational charts themselves you could construct one of your own from research about the organisation on its website and in documents. Perhaps you could write to the organisation...
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...jurisprudence of the European Courts. In the Pierre Fabre case, the Court seems to have changed its approach to the subject, as, analysing a ‘de facto’ ban on online sales, it passed from the traditional ‘effects’ analysis of these systems to their qualification as restrictions ‘by object unless objectively justified’. The legal result is unaltered as the usual criteria of competition analysis are still adopted, but new perspectives could have been potentially opened in their interpretation. Furthermore, the article also takes into account the Court’s assertion that ‘the aim of maintaining a prestigious image is not a legitimate aim for restricting competition’, which represents another aspect of the judgment in apparent contrast with the settled case law. In both instances, it presents possible explanations consistent with the tradition. Finally, it underlines the significance of the ruling in relation to the controversial topic of internet selling. I. Introduction The topic of selective distribution systems has been explored in many authoritative academic works.1 Yet, it is still important and highly debated, not only because 1 See Alison Jones and Brenda Sufrin, EU Competition Law (OUP 2014); Maher M. Dabbah, EC and UK Competition Law (CUP 2004); Richard Whish and David Bailey, Competition Law (7th edn, OUP 2012); Joanna Goyder, EU Distribution Law (Hart Publishing 2011); Vivien Rose and David Bailey (eds), Bellamy and Child: European Union Law of Competition...
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...bs_bs_banner European Law Journal, Vol. 19, No. 6, November 2013, pp. 759–778. © 2013 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA ACTA and the Enforcement of Copyright in Cyberspace: the Impact on Privacy Iryna Ievdokymova* Abstract: As the reach of the Internet expands, governments increasingly seek to introduce initiatives aimed at controlling individuals’ online activity. One such initiative, aimed, inter alia, at introducing enhanced online copyright enforcement standards, is the Anti-Counterfeiting Trade Agreement (ACTA). The paper analyses a possible effect of Art. 27(3) of the agreement on the data protection and privacy rights, as spelled out in the EU legal order. Firstly, the EU legal framework on Internet surveillance for copyright enforcement will be addressed. Next, the principles and safeguards applicable to data processing in the context of communications surveillance will be illustrated with reference to the jurisprudence of the European Court of Human Rights. It will be argued that ACTA, if interpreted broadly and implemented without safeguards, would provide an incentive for graduated response systems, which, as it will be shown on the example of the French graduated response, may trump privacy rights on a massive scale. I Introduction Could cyberspace be considered a zone of liberty, for the most part unrestrained by government regulation and intrusion into individual rights...
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...Hanz is due for release shortly. He has been a model prisoner and gained some relief on his sentence. Hanz’s family have connections to Nazi parties. He, himself, has never been a member of a Nazi party, indeed has no political interests at all but he has been photographed at rallies before leaving Germany. He was present merely because members of his family were there also, on one occasion actually giving speeches. Hanz wants to challenge the deportation order claiming that it breached provisions of European law.Advise Hanz of any rights he may have under European law and on the likelihood of a challenge being successful. Art 3 TEU – freedom of movement Art 20 TFEU – established EU citizenship Art 21 TFEU – subject limitations right reside and move within EU Art 45(3) restrictions permissible on grounds of public policy, public security and public health Directive 2004/38: Art 27.1 – Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health… Art 27.2 – Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures. The personal conduct of the individual concerned must represent a genuine...
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...Case C360/11 – Commission v Spain Advocates opinion (Jääskinen) – VAT cut on medical items not enacted properly thought to be unlawful Case C537/03 Candolin and Others [2005] ECR I-5745 and Case C-356/05Farrell [2007] ECR I-3067, that the Court endeavours to ensure special protection for the passengers of vehicles involved in accidents. The Doctrine of Indirect EffectWhere a Directive has not been implemented by Member State or has been inadequately implemented an individual can take action against another individual by using the concept of “indirect effect” Von Colson v Land Nordrhein-Westfahlen [1984] ECJ Article 5 EC requires Member States to "take all appropriate measures" to ensure fulfilment of Community obligations. And this means that courts must interpret national law so as to ensure the objectives of Directive are achieved. This requires an effective remedy that has a deterrent effect and is adequate in relation to the damage sustained. A Directive cannot of itself impose obligations on private partiesMarleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECJ Therefore, national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive in order to achieve the result pursued by the Directive. This obligation applies whether the national provisions in question were adopted before or after the Directive; national courts were 'required' to interpret domestic law in such a way as to ensure that...
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...Economic Development The Galveston, Texas economic development group was looking for new ways to attract new jobs and businesses and to retain existing jobs and businesses. They discovered that food processing plants have big economic spin-offs for small and medium-sized communities. In this case, a national food processing chain was looking to expand its operations, but is requesting that the city purchase its current building to enable it to build a new facility in the community to accommodate the expansion. The plant estimates that sales will increase by $20 million. All sales are purchased outside of the municipality. Once the plant opens, it’s expected to employ 250 workers with an average hourly wage of $15.00 per hour. Direct Impact The size of the proposed construction project was 50,000 square feet, with a per square foot cost of $100, which generated $5,000,000.00 in construction business generated by this project. A construction multiplier of 1.5 x the $5,000,000.00 would generate $7,500,000.00 in total construction benefits for the city. Expansion of the processing plant is projected to be a $30,000,000 contribution to the City of Galveston’s economy. Attracting and maintaining this type of business within the city would have tremendous impact on the local economy. Another direct effect included the 300 construction workers staying at 300 different hotel rooms at a rate of $75.00 per night, an immediate impact on the local hotel economy of $22,500.00. Furthermore...
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...SIA Corporation Case: Problem: - SIA employees see that techonology enhancement thru knowledge-sharing system within their organization will be a threat for them in loosing their jobs. - Employees think that sharing of knowledge with colleagues is not for the best interest of everyone in the organization. - Highly specialized knowledge was kept by each individual for job security purposes since plenty of lay off are happening within the insurance industry. Key Objectives: - To make employees take part in the new system being implemented by the organization. - To improve knowledge sharing within the organization. - To make employees feel that the directives is for the benefits of all employees and not for the company’s interest. Alternative Courses of Action: - Meet with each Department Heads and encourage them that this new system will make each individual lives easier. - Do informational campaign to the whole organization, set expectations and FAQs regarding this new system. - Seek for Management’s approval to inform employees that this new system will not be the approach to use for minimizing /lay off of employees but instead will help everyone make their jobs easier, at the same time, will improve employees knowledge within the organization. Recommendation: - I recommend that for the company to be able to implement this new knowledge system, Management should do an Informational campaign first within the organization ensuring that this is just a part of the learning...
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...While sharing characteristics with other types of records, personnel records have some special characteristics; importance, sensitivity, longevity, quantity and ownership. We will base this report in the company called CASTELLON SA, manufacturing factory with more than 250 employees. NOTE TO THE CASTELLON SA HR DIRECTOR ABOUT WHY RECORDING, ANALYSING AND USIN HR DATA IS IMPORTANT I. Two reasons why organisations need to collect HR data. Collecting and recording HR data is vitally important to our organisation. We need to keep certain records, some because the law requires them, and some for company’s internal purposes. Being a production factory we have to ensure we are in compliance with Health and Safety laws and regulations ensuring that all staff is maintaining high health and safety awareness. To avoid any act of discrimination in our company and to prove that the company is adhering to UK’s current law and legislation we have to implement the Data Protection Act to our data collection policies. The HR data collection could help in our company’s overall performance measurement process. The data collected enable managers to make sound decisions more effectively. Some of the benefits of data collection are; helps identify or confirm a problem that exists; allows us to work with facts and empirical data; provides information with which to measure the success of implemented improvements. Another example could also be to monitor employee absence levels across the organisation...
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...The External environment consists of opportunities and threats that are outside the organisation and are two types: macro environment and micro environment. PEST analysis This analysis is a helpful tool to take a closer look at the general environment. Although the PEST analysis rely on past events and experience, it can be used as a forecast of the future (Wilson and Gilligan, 1998). Political factors: The political environment is good. The government is stable and reliable, even if Britain fails to achieve total agreement with some EU policies from time to time. At the present no EU directives are known which will have a direct effect on the UK clothing retail industry in the near future. Due to the EU membership a trend can be seen towards stricter environmental protection legislation. This may have a direct or indirect effect on NEXT or his suppliers. Economic factors: The current economic climate in the UK is unstable and this brings short term volatility in NEXT sales which, in turn, make forecasting difficult. In addition, the weakness of Sterling against the US Dollar and the Euro, the main purchasing currencies, has brought further challenges to their buying teams. (Next financial statement, 2009) Looking at the economic environment, it is somewhat tricky since on the one hand there is the strong sterling compared to the Euro. Euroland encourages imports and try to hold domestic prices at an attractive level. But on the other hand it is difficult for...
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...OF EU LAW 1. What are the conditions that have to be met by a provision of EU law to have direct effect? a. Direct effect occurs where a provision of EU law is of a general application and is directly applicable in all Member States. b. Direct effect occurs where a provision of EU law is clear, precise and unconditional. c. Direct effect occurs where a provision of EU law is on a list of directly effective provisions established by the Commission. a. This is a wrong answer. Item a above describes the main features of EU regulations. b. This is the correct answer. The conditions for direct effect were established in the Van Gend en Loos case. c. This is a wrong answer. The Commission has never produced any such list. 2. Which of the following types of direct effect allow an individual to rely on a provision of a directive against a Member State? a. Vertical direct effect b. Convex direct effect c. Horizontal direct effect. a. This is the correct answer. Vertical direct effect refers to a situation where an individual is allowed to rely on a provision of EU law in national proceedings against a Member State or its emanations. b. This is a wrong answer. There is no such thing as convex direct effect in EU law. c. This is a wrong answer. Horizontal direct effect concerns a situation where an individual is allowed to rely on a provision of EU law in national proceedings against another individual. 3. Which of the following sources of EU law may have...
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