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Question: European Union Law Case Study. John has been dismissed due to Nature Trails’ insolvency. The dismissal was not on unfair grounds, however, the issue arises is the fact that Johns’ Arrears will not be paid due to the company’s lack of funds. John does not have a right under the Act as it does not cover personal liability of directors, but may do so under the European Communities Law. The problem that arose is the UK’s Authorities failure to implement the Directive fully. The supremacy of the European Communities (EC) Law raises numerous arguments as to the implementation of a Directive by a member state. Why is the EC Law paramount of the national laws and how can it ensure that John is adequately compensated?

Answer: Primary law takes the form of Treaty Articles and secondary law means legislation passed by the institutions . They are introduced into the UK and other European Union (EU) member states on...


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Details: - Mark: 65% | Course: European Union Law | Year: 2nd/3rd | Words: 2822 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 373

Question: The European Commission - A study of the European Commission

Answer: When examining the European Union it is very easy to look at the European Commission as the central character of the EU’s policy-making process. Without it’s 20 Commissioners and the 15.000 staff...


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Details: - Mark: 65% | Course: European Union Law | Year: 2nd/3rd | Words: 2193 | References: No | Date written: December, 1999 | Date submitted: February 20, 2009 | Coursework ID: 367

Question: EUROPEAN UNION ASSESSMENT Proportionality, legitimate expectations and non-discrimination have all been recognised by the ECJ as general principles. How and on what basis have those principles been recognised? (15 Minute Oral Presentation)

Answer: To begin with, general principles of law are legal principles which have derived from the legal traditions of member states. They are unwritten principals/laws which are not written within EC Law, although...


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Details: - Mark: 65% | Course: European Union Law | Year: 2nd/3rd | Words: 1530 | References: No | Date written: April, 2007 | Date submitted: February 16, 2009 | Coursework ID: 232

Question: 'The EC does not conform to a rigid separation of powers as may be seen by the traditional 3 arms of state in the UK.'

Answer: The debate about the democratic legitimacy in EC decision making, ignores the basic fact that the community was never intended at it conception, to be a democratic organisation. The concept of democracy...


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Details: - Mark: 65% | Course: European Union Law | Year: 1st | Words: 1773 | References: No | Date written: November, 1997 | Date submitted: February 16, 2009 | Coursework ID: 223

Question: To what extent has the European Court of Justice become a political organ?

Answer: The European Court of Justice (hereafter ECJ) was established in Article 7 of the Treaty of Paris in 1952. It comprises of fifteen judges, one selected by the Government of each Member...


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Details: - Mark: 65% | Course: European Union Law | Year: 2nd/3rd | Words: 2427 | References: Yes | Date written: January, 2005 | Date submitted: September 29, 2008 | Coursework ID: 3

Question: ‘The test for Article 34 TFEU is very simple. It is whether, in practice, an import is excluded from the domestic market. That is as it should be.’ Discuss.

London School of Economics, LL232 Law and institutions of the European Union

Answer: Article 34 TFEU states: Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. The test outlined by Article 34 is evidently broad in terms of...


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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 1715 | References: No | Date written: March, 2015 | Date submitted: August 16, 2018 | Coursework ID: 1047

Question: Critically discuss the extra-territorial application of the Convention of Human Rights and Fundamental Freedoms 1950.

Answer: Throughout humanity there is one growing strand of belief that runs through us no matter the race, religion or gender and that is the inviolability of the human person. Aristotle explains this...


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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 2472 | References: Yes | Date written: January, 2016 | Date submitted: May 27, 2016 | Coursework ID: 975

Question: Examine the law making powers of the Community Institutions and the legal
effects of Community laws.

Answer: The four main EC institutions that will be focussed on in this essay are the Commission, the Council, the European Parliament and the European Court of Justice. While others exist, it is...


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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 2535 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 425

Question: Explain what is meant by judicial activism. Was activism on the part of the ECJ ever justified and is it a feature of the ECJ’s current jurisprudence? Use relevant case law to illustrate your answer.

Answer: “Judicial agencies have a peculiar power to enlist obedience and impose control, essentially . . . because they meet a deeply felt and constant need for trustworthy neutrals.” This quote is an...


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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 3585 | References: Yes | Date written: Not available | Date submitted: October 19, 2008 | Coursework ID: 107

Question: To what extent has the European Court of Justice become a political organ?

Answer: The European Court of Justice (hereafter ECJ) was established in Article 7 of the Treaty of Paris in 1952. It comprises of fifteen judges, one selected by the Government of each Member...


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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 2259 | References: No | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 34


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