...Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries. EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing national governments. The ECJ was originally set up under the Treaty of Paris (1951) and its competences have gradually expanded under the Treaties of Rome (1957), Maastricht (1992), Amsterdam (1997), Nice (2001) and Lisbon (2007). Legal precedents established by the ECJ have played a large role in shaping the development of EU law. The case of Costa vs. ENEL in 1964 for example ruled that in the case of a clash between EU and national law, EU law is the higher authority, thus establishing the supremacy of the ECJ. So now I am going to describe the details of this case. Background of the case M. F. Costa, a lawyer practicing in Milan claimed that he is not under an obligation to pay the amount of an invoice (1,925 Italian lire) which was demanded from him in respect of the supply of electricity by the ENTE NAZIONALE PER L’ENERGIA ELETTRICA (ENEL). He objected to do this payment before a Justice of the Peace (who was competent in first and last resort by virtue of the amount involved) claiming that the law of December 6 1962 nationalizing the...
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...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 the objectives of the Directive were achieved. So, courts must do everything possible to interpret domestic law to comply with Community law. State Liability when there is no domestic law on a matter to which a Directive relates or domestic law is totally contrary to EC lawFrancovich v Italy [1991] ECJ Sometimes referred to as the 'Francovich Doctrine' or the 'Francovich Principle'....
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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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...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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...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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...Institutions of European Union Introduction The European Union is a unique economic and political partnership between 28 European countries that together cover much of the continent, created in the aftermath of the Second World War. The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), formed by the inner six countries in 1951 and 1958, respectively. Through successive enlargements, the Union has grown from the six founding states—Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands—to the current 28. It took around 60 years from the Treaty of Brussels, 1948, to the Treaty of Lisbon, 2009, to get its final form. In 1993, under Maastricht Treaty the name European Economic Community was changed to European Union, which reflects the evolution of an economic union to an organization standardizing system of law to maintain common policies on trade, agriculture, fisheries and regional development. Human dignity, freedom, democracy, equality, the rule of law and respect for human rights: these are the core values of the EU. During the formation and development of European Union the number, structure, cross-link and interdependency of institutions and other bodies increased (Figure 1). In our work we will explain the history and development of political and legal institutions of European Union. Figure 1, Power structure of main political and legal institutions of European Union . European Parliament ...
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...The development of the European Union was due to the travesties left behind via World war one initially, which resulted in the treaty of Versailles (1919) and was a peace settlement, signed only a year after the first world war, in an attempt to not only hold Germany and her allies to ransom but responsible, weak, in check and to punish them financially. The anger and resentment that built up in Nazi Germany as a result of the heavily imposed precautions set in the treaty of Versailles 1919 was part of the long term cause, which directly contributed to the cause of the second world war, short term causes such as Austria and Czechoslovakia in the 1930 also had a hand. Europe was crushed, due to these events as those involved underwent fatalities way beyond anything ever imagined So the need to prevent any further atrocities was seen as important so binding Germany's coal and steel industry (the strength of its war machines), into an economic and political alliance. Was of major importance The Soviet Union also a concern due to occupancy of the former East Germany, Eastern and Central Europe, urged Western European and America to come together and form NATO (North Atlantic Treaty Organisation) 1949, the former West Germany, joined Nato in October 1954 and along with others received millions of dollars, under the marshal plan to support economic recovery. Restricting Germany’s and France coal and steel was a sure fire way to encourage a plan, much than before, to give...
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...Right to be forgotten [Name of the Writer] [Name of the Institution] Right to be forgotten Introduction The European “right to be forgotten” is the most vital right you've never known about. It's not a right to be cleansed from the memory of individuals who know you, yet rather to control how data about you seems online. On Tuesday, the European Court of Justice clarified what this implies. The court held that Google damaged a Spanish lawyer's right to be forgotten by declining to kill connections to humiliating articles about him in its indexed lists. The conclusion was discredited by press flexibility advocates all over. Actually, its flawlessly sensible. Also it demonstrates that, as opposed to generalization, America is inflexibly ideological about free discourse, while Europe is down to earth and adaptable. Discussion In 1998, the Spanish daily paper La Vanguardia distributed two notices about a closeout of the property of a Spanish lawyer named Mario Costeja, held to pay off his obligations. More than after 10 years, any individual who Googled Costeja would see, in the indexed lists, connections to those notices on the daily paper's site. Costeja asked the Spanish Data Protection Agency, which directs the scattering of individual information, to request La Vanguardia to bring the notices down and to request Google to expel connections to the pages from the query items for Costeja. The office denied the first demand because the daily paper had distributed...
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...2013 ‘The courts direct effect decisions transformed the whole nature of the European Union from International organization to something like a federal union.’ (Shapiro) Discuss… The Phrase international organisation can be commonly defined as entities established by formal political agreements between their members that have the status of international treaties; their existence is recognised by law in their member countries; they are not treated as resident institutional units of the countries in which they are located. This definition is what the vast majority of people would class the European union as; an international organisation. ‘International organisations’, those that include the UN (united nations), tend to leave their decision making processes to the executives and those who are higher up in the organisation, which can leave the public, the legislation the organisation is designed to protect, feeling disillusioned from the organisation and not feel as if they get a say. This is something that the EU attempted to prevent and made some progress with the Lisbon treaty, ‘representing the culmination of decades of Treaty reform, to create a closer relationship between the institutions and public’. In contrast, a federal union is a political entity that is characterised by a union of partially self-governing states or regions united by a central government. An example of a federal union is the United states of America. As it has so many states within its country each...
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...The Nation-State, Foreign Policy, and Transnational Entities - SST Task 1 Elizabeth A. Lilley Western Governors University The Nation-State, Foreign Policy, and Transnational Entities A modern nation-state is characterized by being a fixed territory, having sovereignty, meaning having authority over its territory or its geographical area, and having a common culture. The definition of a Nation is "A culture group residing within the territory of a political state." (Perry, 2009) I selected Scotland, and the reason why is because they are a country that is part of the United Kingdon, which holds sovereignty over Scotland. The Queen of England is the head of state. Scotland was an sovereign state until 1707 when they came under the control of the United Kingdom. Scotland does however have a limited self-government within the United Kingdom and is also represented in the United Kingdom Parliament. The United Kingdom Parliament has power over Scotland's taxes, social security, defense, broadcasting, and international relations. Where as the Scottish Parliament has legislative pwer of all other areas for Scotland. (Scotland, n.a.) A State is, "the abstract embodiment, or the symbol, of the political institution." (Perry, 2009) I select the United Kingdom and the reason is the United Kingdom, also called the UK, and has sovereignty over England, Northern Ireland, Scotland and Wales. The Queen of England is the chief of state, and...
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...Introduction Serbia trying to promote their work to the highest European and civilized norms, values and standards and their activities support participation of Serbia in international organizations whose membership includes the willingness to establish these values. Their work has also focused on the activities that can contribute to a better understanding of the value and the system of the European Union and to facilitate Serbia's path towards full membership in the European Union. Following the process of Serbia's joining European Union, the Center for Democracy in September 2008, began with the realization of the project "Implementation of EU values, policies and standards in the local community." European values, policies and standards in the local community The project is designed in accordance with the current status of Serbia in the process of Euro-integration. The ratification of the Stabilization and Association Agreement Serbia has pledged to implement comprehensive reforms through harmonization of national legislation with the EU acquits. "Action Plan for the harmonization of the laws of the Republic of Serbia with the EU in 2007" provides for the first stage of harmonization, which implies changes and the adoption of 44 laws, which are mainly related to the field of food safety, environmental protection and consumer protection. The new laws provide for the adoption of European standards, which are largely different from the existing standards in Serbia...
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