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Question: Weatherill suggests that “The frequently-observed British tendency to view European federalism as a centralising process may be corrected by a fuller understanding of the implications of the principle of subsidiarity” (Cases and Materials on EC Law, 2000, p. 606). Explain the link between subsidiarity and federalism. What view of federalism would be consistent with the principle of subsidiarity?

Answer: In 1992 Jacques Delors offered a prize to anyone who could define subsidiarity. This clearly shows the problems had by the EU, the ECJ, member states and all interested parties in trying...


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Details: - Mark: 62% | Course: European Union Law | Year: 1st | Words: 3264 | References: Yes | Date written: Not available | Date submitted: October 19, 2008 | Coursework ID: 109

Question: What is the meaning of the term ‘measure equivalent to a quantitative restriction’ for the purposes of Article 28 EC?

Answer: Article 28, whilst appearing relatively clear on first reading, has proved problematic and therefore produced a string of case law and discussion, which continues on today. The Article states “Quantitative restrictions on...


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Details: - Mark: 62% | Course: European Union Law | Year: 2nd/3rd | Words: 2912 | References: Yes | Date written: Not available | Date submitted: October 18, 2008 | Coursework ID: 104

Question: In light of the judgements of the Court of Justice in Cases C-11/00 Commission v ECB [2003] ECR I-7147 and C-27/04 Commission v Council [2004] ECR I-6649, critically discuss the development of the Commission’s supervisory powers under Article 228 EC.

Answer: The Commission is a fundamental institution, of the European Union, which must be held accountable to ensure the stability of the organisation. The Commission’s ability to supervise Member States and other institutions...


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Details: - Mark: 61% | Course: European Union Law | Year: 2nd/3rd | Words: 1748 | References: Yes | Date written: Not available | Date submitted: February 26, 2010 | Coursework ID: 594

Question: “(..) (N)ew EU Member States (…) inherited a well-developed complex of equal opportunities legislation, interpreted by a broad apparatus of ECJ case law which could be used to good effect in implementing the relevant directives. On the other and, the new Member States had to accept and implement an existing legislative package, the acquis communautaire, without having the opportunity (as the old Member States had had) to follow the maturing of the equal opportunities concept and to implement the EC legislation step by step. For this reason, it is obvious, that there was (and still is) a high probability, that the new Member States will need some years to ‘digest‘ the whole concept of equal opportunities, as defined by the EU” (Kristina Koldinska, Multidimensional Equality Law within the Czech and Slovak Republic, in: Schiek Chege (eds) European Union Non-Discrimination Law, 2009, at 250)................................................................................................................................

Discuss critically, relating to the implementation of EU Non-Discrimination Directives (i.e. Directives 2000/43/EC, 2000/78/EC) in post-socialist Member States that acceded to the EU from 2004.

Answer: This essay takes a positive approach. For a normative study of the implementation of EU anti-discrimination law in the post socialist member states see Koldinská. Determining whether it has been hard for...


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Details: - Mark: 60% | Course: European Union Law | Year: 1st | Words: 2296 | References: Yes | Date written: February, 2009 | Date submitted: May 12, 2010 | Coursework ID: 607

Question: Assume that there is a measure of EC law which provides that workers in the financial services industry cannot be made to work for more than four hours on a Saturday. -

Jason and Eileen have been informed by their respective employers that in future, they would be expected to work from 9 a.m to 8 p.m. on a Saturday. Jason is a customer adviser working for a major High Street bank; Eileen works as an adviser for a government-funded company which specialises in providing low-cost financial advice for people on limited incomes. Both want to rely on the provision of EC law outlined above to resist working for more than four hours on a Saturday. -

Q 1a: Explain whether they would be able to rely on the provision of EC law if it was:


(W200 – TMA 03 – QUESTION 1)

Answer: An article of the EC Treaty binds UK law. The future working hours is in conflict with the certified EC law. They can rely on the EC Treaty article because it is...


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Details: - Mark: 60% | Course: European Union Law | Year: 1st | Words: 1126 | References: Yes | Date written: February, 2009 | Date submitted: February 16, 2010 | Coursework ID: 591

Question: “… one can perceive some desire to fit the HRA within the traditionally British incremental approach as building on developments and trends in the common law, rather than as something wholly new…”
Discuss this statement. Explain whether you think that the HRA has damaged the doctrine of Parliamentary supremacy more than it has damaged the doctrine of precedent. (W200 – TMA 03 – PART 2)

Answer: I agree with the comments from David Bonner et al of ‘Judicial Approaches to the HRA’. However I do not agree that the HRA has damaged the Doctrine of Parliamentary supremacy more...


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Details: - Mark: 60% | Course: European Union Law | Year: 1st | Words: 1093 | References: Yes | Date written: February, 2009 | Date submitted: February 16, 2010 | Coursework ID: 590

Question: It has been suggested that the legal framework regarding the rights of the EU worker and his/her family has several weaknesses. Critically discuss.

Answer: The European Union has evolved dramatically since the treaty of Rome 1957. it was initially set up as an economic community, through a common market and common policy. Over the decades the...


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Details: - Mark: 60% | Course: European Union Law | Year: 1st | Words: 1364 | References: Yes | Date written: December, 2008 | Date submitted: January 10, 2010 | Coursework ID: 572

Question: Using examples relevant to Trading Standards assess the extent that the doctrine of sovereignty of Parliament has been affected by the UK’s membership of the EU.

Answer: The first thing we need to look at when answering this topic is going to be to find the meaning of parliamentary sovereignty, how it came about and why it is important...


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Details: - Mark: 60% | Course: European Union Law | Year: 1st | Words: 2414 | References: Yes | Date written: February, 2003 | Date submitted: February 20, 2009 | Coursework ID: 374

Question: Critically assess whether the reforms proposed by the draft Constitutional Convention on the Future of Europe will satisfy the objectives of the Laeken Declaration.

Answer: The E.U Leaders adopted the Declaration at their meeting in Laeken. This meeting was necessary in seeking to identify some of the key questions that must be considered during the next stage...


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Details: - Mark: 60% | Course: European Union Law | Year: 2nd/3rd | Words: 2520 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 371

Question: Explain what is meant by Judicial Activism. Was activism on 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: There is no clear or accurate definition of ‘judicial activism’ Therefore a sensible, if a little inaccurate, definition of the term could be ‘as the judges going beyond their powers when interpreting...


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Details: - Mark: 60% | Course: European Union Law | Year: 2nd/3rd | Words: 1408 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 370


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