Essays Tagged: "European Court of Justice"
Assess the impact that Britain's union with Europe has had on the Doctrine of Parliamentary Sovereignty
The United Kingdom became a member of the EC in 1972 when it enacted the European Communities Act (1972). This has has undermined English Domestic legislation and the Suprem ... the Supremacy of the Doctrine of Parliamentary Sovereignty. In particular s.2(1) of the Act brings European law firmly within our domestic law and such law is to ' be enforced, allowed and followed a ... its successors and lastly Courts cannot question an act of Parliament. Firstly in the light of the European Communities Act 1972 Parliament can still only do this if the legislation is not an EU regu ...
Subjects: Law & Government Essays > Law
Environmental protection and the limits of Cassis de Dijon
e limits of Cassis de Dijon1.0 Introduction.At beginning of the new millennium it is clear that the European Union is a recognisable global community with a comprehensive body of legislation, norms an ... then go on to discuss advances in 'non-harmonised' areas, with special reference to the 'landmark' European Court of Justice decision in Cassis de Dijon. The Court's decision will be discussed with r ...
Subjects: Law & Government Essays
All you need to know about Ireland and its turbulant history
nimal feces. Only 1% of original Irish oak forests remain standing. In 1999 Ireland appeared in the European Court of Justice over a scandal regarding the quality of drinking water . According to the ... drinking water . According to the World Conservation and Monitoring Center, Ireland is last in the European Union for protection of the natural environment and biodiversity. The Irish government is w ...
Subjects: Area & Country Studies Essays
"How was the doctrine of supremacy developed by the European Court of Justice, and how was it interpreted by the UK courts?"
"How was the doctrine of supremacy developed by the European Court of Justice, and how was it interpreted by the UK courts?"The aims of this essay are t ... to present day. The essay will also have an area where the future of EU supremacy is discussed."The European Court of Justice has consistently distanced the EU legal system from 'ordinary' internation ... evant national law that may be thought applicable.History of the Doctrine of SupremacyThe issues of European Supremacy began long before the EU threatened Britain's legal system. In 1957, when the Tre ...
Subjects: Law & Government Essays
How has the Human Rights Act affected Parliamentary Supremacy?
er of cases indicating the new powers of the court.The article written by Mills had proved that the European Convention on Human Rights (ECHR) plays an important role in making sure that the judicial ... ding the constitutional work of the judiciary in our top level courts. If a statute is at odds with European Union law, the courts can point out the inconsistency and make a declaration of incompatibi ...
Subjects: Law & Government Essays > Law
Precedent: This essay looks at all the aspects of precedent with cases to back up the essay.
the Court of Appeal over consent and appropriation. Binding precedents may also be considered on a European level at this point, where the effect of the European Court of Justice holds binding influe ... on the retirement age for women under the Sex Discrimination Act 1976. Further to the point of the European Court of Justice, all English courts are required to be consistent with the jurisdiction la ...
Subjects: Law & Government Essays > Law
Precedents and Present Events in the European Union: An Institutional Perspective an Treaty Reform:
Precedents and Present Events in the European Union: An Institutional Perspective an Treaty Reform:The article:-about the 1996-7 intergov ... t was named, was signed in October 1997Three main theories (for explaining the driving mechanism of European integration)1.liberal intergovernmental perspective: argues that the dynamic of European in ... upranational approach: argues that transformation of the legal system in Europe is the key motor of European integration3.multilevel governance approach: argues that the main driving forces are the da ...
Subjects: Social Science Essays > Political Science
Anaylsis In to Uk Utilities Sector
nt kept 'Golden Shares' in certain industries, including the national grid. However in May 2003 the European Court of Justice ruled that the shares held by the government were illegal and hence, this ... ompanies from takeover and maintain a degree of government control over the companies. However, the European Court has ruled that these restrictions on ownership are illegal because they are a restric ...
Subjects: Businesss Research Papers > Case Studies
A) To what extent are judges in the Court of Appeal and House of Lords free to depart from previous decisions and practice? By Sarah James
The English legal system has many sources of law including European law, statute law, case law, and custom law. Statute law and case law are the two major sour ... if found guilty of a crime. The courts are classified by whether they are superior or inferior.The European court of justice deals with European law. This court is the highest in the hierarchy of the ... ighest in the hierarchy of the courts and all other courts are bound by its decisions. However, the European court of justice is not bound by its previous decisions and can decide to change them. The ...
Subjects: Law & Government Essays > Law
Is Britain still the awkward partner in Europe?
In 2003, thirty years after Britain became a membership of the European Communities, it is still considered as Europe's "awkward partner". Where does it come from? ... ropean communities were created because the founding fathers of the union believed that integrating European countries' economies would link them in order to preserve peace between them and that this ... c integration would one day lead to political integration. The other objective was to create a huge European market which would match the American one in size and scale. In 1950, Robert Schuman propos ...
Subjects: Law & Government Essays > Government > European Union
Identify the different forms of European Union legislation and explain how they become part of English law
U makes laws which must be respected by all member states. Since the aim behind the creation of new European laws is often to standardise laws between the different member states, it is inevitable tha ... ment can make laws within their territories. Britain joined the EU in 1973 when it was still European Economic Community (EEC). So until 1972 UK had complete parliamentary sovereignty" but as t ...
Subjects: Law & Government Essays > Government > European Union
Discussing whether the Spanish Medical Council should refer Maria's case for preliminary ruling under article 234.
citizens derive from Community law. This function is a very important one since rulings made by the European Court of Justice are then binding on courts in all Member States. This ensures that the law ... binding on courts in all Member States. This ensures that the law is indeed uniform throughout the European Union.The first question that arose in my mind when reading the question was whether the SM ...
Subjects: Law & Government Essays > Law > Cases
Why firms try to collude and discuss the factors that may facilitate and hinder sustained collusion with reference to a particular case.
nearly every form of agreement, open or secret, to fix prices or restrict output is illegal. In the European Union, Article 85 of the Treaty of Rome covers agreements between firms, joint decisions, a ... oligopolistic structure but rather collusion behaviour. No matter what form collusion takes, if the European Commission finds that firms are committing anti-competitive practices, they will banded fro ...
Subjects: Social Science Essays > Economics
Supremacy of European Community Law: Logical or Unconstitutional?
e eradication of any future destruction that might threaten the desire for peaceful co-existence on European soil. Following the horrors of WWII, the process of European integration found its beginnin ... ors of WWII, the process of European integration found its beginnings with the establishment of the European Coal and Steel Community in 1951 with six European countries - France, West Germany, Italy, ...
Subjects: Law & Government Essays > Government > European Union
Competition Law in sport sector
a role in forging identity and bringing people together. Traditionally sport has its origins on the European continent (for example the Olympic movement). Also most of the important international spor ... port.The nature and scope of competition law in sportThe Bosman CaseIn the Bosman� case, the European Court of Justice, in its judgment in 1995, liberalized transfer rules of footballers and, m ...
Subjects: Law & Government Essays > Law
One share one vote
ticularly solemn problem since the majority governments have opted to take out the proposals of the European Union, by means of the method of 'obey or give details.' This classification has allowed th ... d ('one share, one vote') is severely imposed on every openly traded company in each country of the European Union."When voting rights are concerted in the groups that sprint the company, it distorts ...
Subjects: Law & Government Essays > Government > European Union
Global Financial Regulation and the International Tax and Investment Organization.
Recently the United States and the European Union have attempted to force small states out of the market for international banking and ... e legality of the new regulations in the World Trade Organisation's Dispute Settlement Body and the European Court of Justice, and thirdly look to make common cause with like-minded NGOs and corporati ... r international banking and financial services by the combined actions of the United States and the European Union. What should small states do to protect their sovereignty and economic interests in t ...
Subjects: Businesss Research Papers > Markets & Exchanges
The Law of the European Union. Nowadays a Creation of the ECJ
The law of the European Union. Nowadays a creation of the ECJBrought into existence by the postwar wish to establis ... Brought into existence by the postwar wish to establish a European economical integration, nowadays European legal system has attained characteristics, unforeseen at the time the Treaties were drafted ... e liability. Secondly, the referrals to sources of international law signed by the MSs, such as the European Convention on Human Rights and Fundamental Freedoms, helped the interaction and coordinatio ...
Subjects: Law & Government Essays