The Institutional Structure: The European Balance of Powers
Course material - 7 pages - European law
The European community created particular institutions, which were quite different from the usual skims of the separation of powers. In the traditional system of separation of powers, more or less separation is between executive, legislative and judicial power.
The case of free movement of goods
Law case - 3 pages - European law
On December 22nd, the Yellow Vests, a movement of demonstrators, organised several roadblocks on all French borders, including the border between France and Italy, the Mont Blanc tunnel. You would like to take legal actions against France for having failed to lift the roadblock to allow the...
Memorandum - Free Movements of Goods
Law case - 5 pages - European law
"Dear Sir, As discussed, we revert back to you with respect to your request for legal opinion regarding the following matters: - whether a Member State can be said to have infringed EU law, in a case where it merely abstained from adopting measures necessary to remove obstacles to the free...
Investment law - The reinforcement of the control of foreign investments by the European Union
Essay - 4 pages - European law
How do the European Union's reinforced measures for controlling foreign investments, including the EU FDI (Foreign direct investment) Screening Regulation, national investment screening mechanisms, and increased scrutiny on state-owned enterprises, impact the attractiveness of the EU market...
DAC 6: The Mandatory Disclosure Regime
Practical guide - 4 pages - European law
Under the European Union's DAC6 tax disclosure coordination, the reporting requirements have become enforced across the member states after an almost seven-month postponement of reporting deadlines by many member states, as a result of the recent coronavirus pandemic. Complying with...
European Union Law - Commentary: Article 4 of the EU Treaty (Member States' sovereignty/cooperation duties)
Thesis - 4 pages - European law
The document we are going to comment on is the article 4 of the EU Treaty, as modified by the Lisbon Treaty. It highlights the fact that the EU membership implies a great number of consequences for the member States. According to this article, although some rights belonging to the States are...
The High Representative of the Union for Foreign Affairs and Security Policy
Worksheets - 3 pages - European law
It is only with the European Council acting by qualified majority and the concurrence of the President of the European Commission that the High Representative is appointed. Art 18 TEU states that the High Representative shall implement the common foreign and security policy of the Union....
The right to strike in Europe
Essay - 9 pages - European law
'A strike is the name given to a collective movement conducted at the initiative of all or part of the staff of a company, usually intended to compel employers to negotiate working conditions and pay (Law Dictionary). The right to strike presupposes that there is a contract of employment....
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
The European Court of Justice and the rule of Precedent
Case study - 5 pages - European law
The rule of precedent is the legal principle under which judges have to follow the judgments established previously by upper courts. The Latin translation of "stare decisis" gives an unequivocal definition of the concept as it means "to stand by that which is decided". Precedent underpins the...
The application of the European Arrest Warrant in the United Kingdom and its use in the fight against terrorism.
Essay - 6 pages - European law
The European Arrest Warrant (EAW) is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.' The EAW is...
The Law Reform Committee Essay: Murder (Rethinking the Mandatory Life Sentence)
Essay - 5 pages - European law
Sir Edward Coke stated in the Third Part of his Institutes that "of all felonies, murder is the most heinous". As such, murder has always received the most severe punishment the law could give; a law of King Canute stated that Aberemord 'caedes manifestae' was punishable by death without...
Criminal law : consent
Essay - 4 pages - European law
In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to euthanasia, illustrated in...
"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Essay - 5 pages - European law
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
The role of the ECJ's (European Court of Justice) : the consumer who is reasonably well-informed and reasonably observant and circumspect
Essay - 14 pages - European law
The legal term of the “average consumer” was created by the European Court of Justice (ECJ) to protect the average consumer against unfair commercial practises. After the Second War World, many states were indeed inspired by Keynes's theory that aimed at division of resources and...
What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then, as a...
The European Union Court of Justice is more relevant for the advance of the EU political unity than the Commission and the Parliament' - Discuss
Essay - 4 pages - European law
The European Union's political role has been a big issue among the main theoriticians of the European Union. The place of the European Parliament and the Commission in the process toward political unity is obvious. The Commission, as the institution which has the power for an initiative, can...
« In an EU of 25 members, all the old certainties will disappear. Discuss. »
Worksheets - 6 pages - European law
The Europe of 25 members is a factor of chances but also of risks. The enlarged European Union will not be the same at a bigger scale. The sphere of action of the European institutions is changing and it has to be adapted to a brand new structure. The socio-economic disparities between the Europe...
Is the European Commission more or less powerful than it should be?
Essay - 4 pages - European law
The resignation en bloc of the Jacques Santer Commission, a few months ago, after charges of nepotism and mismanagement against some of its members, including Edith Cresson and Manuel Marín, has cast discredit on an institution that has already been much criticized in the past, portrayed as a...
The New Constitutionalism
Essay - 5 pages - European law
This essay is divided in two parts. In the first section, we will describe the influence of the European court of Justice on the evolution as observed by Weiler. In the latter half of the essay, we will try to view this theory from a critical bent of mind and relate this concept as an...
Foster v. British Gas plc: A European mirror of the French Public Service?
Law case - 4 pages - European law
Most of the developed states are aware of what public service is through facts. But only a few of them have come up with a legal definition of what it really is. In French Administrative law, the notion of public service has never been and will never be easily displayed. Major academics are still...
Critically evaluate the impact upon EC jurisprudence and legislation of the judgement of the European Court of Justice in REWE Zentral AG Bundesmonopolverwaltung fur Branntwein "Cassis de Dijon"
Essay - 7 pages - European law
Article 28 (ex-30) of the EC Treaty is one of the major principles governing the achievement in establishing the common market. It lays out a strong principle that imposes quantitative restrictions on imports and that all measures having equivalent effect will be prohibited between member states....
Environment protection initiatives by the European Union
Thesis - 7 pages - European law
Environment policy is one of the greatest social challenges faced by governments and Businesses today. This is due to the rise in awareness of the impact of the environment on public health and welfare. The need for environmental conservation gave rose to a series of Community initiatives...
The foreign policy tools of the European Union and the various institutions that they are connected to
Thesis - 4 pages - European law
The European Union is present on the international scene through 3 main policies areas: trade, development and security. Each domain depends on different institutions, holds different power and uses different tools. Decisions-making procedures are varied. Nonetheless, these three domains of...
The foreign policy implications that the treaty on the constitution of Europe signified for the EU in terms of giving it a legal personality
Thesis - 6 pages - European law
Whereas the consequences of the French and Dutch “no” to the referendums proposing the adoption of the Treaty establishing a Constitution for Europe do not stop to rattle the European political class, the innovations it proposed are still dangling. Nonetheless, some major points have...
Intellectual property: Artistic craftsmanship
Thesis - 7 pages - European law
The relevant statutory framework for copyright protection in the UK is the Copyright, Designs and Patents Act 1988 (CDPA) and it is important to mention at the outset that “ideas” are not protected per se and the relevant consideration is whether the idea itself is embodied in the...
Draft bill to the House of Parliament
Thesis - 5 pages - European law
The characterisation of a compulsory insurance no fault scheme is rooted in the principle of distributive justice, compensating victims without having to establish causation and fault. Conversely, the current liability for negligence claims for sports injuries involves fault considerations based...
The ECHR 1950 and the convention on the status of refugees: A comparison
Thesis - 9 pages - European law
Immigration has become an increasingly debated topic within the UK and it is submitted at the outset that the media obfuscation of reality and acting as scaremonger has further compounded rational debate in this area. This is further perpetuated by the media focus on national security and the...
Company law problem questions portfolio: Various questions and answers
Thesis - 14 pages - European law
The factual scenario raises issues regarding enforceability of contract and in order to advise the parties, it will be necessary to evaluate the company law requirements regarding authority. With regard to the property purchase, the issue arises as to whether this forms part of the Fresher...
How far, if at all, does it matter that the United Kingdom does not have a written constitution?
Thesis - 2 pages - European law
Today, the majority of states have written constitutions—it is generally seen as a prerequisite for any new state. They arise due to political events, such as in 1793 consequent to the French Revolution. In a state with a written constitution, one document becomes the supreme authority in...
