Essay in European law

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03 Feb 2011

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...

29 Sep 2010

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)....

29 Sep 2010

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...

29 Sep 2010

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...

29 Sep 2010

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,...

29 Sep 2010

"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...

29 Sep 2010

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...

29 Sep 2010

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,...

29 Sep 2010

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...

29 Sep 2010

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 MarĂ­n, has cast discredit on an institution that has already been much criticized in the past, portrayed...

29 Sep 2010

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...

29 Sep 2010

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....

31 Mar 2006

'The European Union Court of Justice is more relevant for the advance of the EU political unity than the Commission and the Parliament' - Discuss - publihed: 31/03/2006

Essay - 4 pages - European law

Its political role has being a big issue between the main theoricians of the European Union. The place of the European Parliament and the Commission in the process toward political unity is more obvious. The Commission, as the institution who has the power of initiative, can play a large role in...

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