The Subsidiarity Principal In The European Union

The subsidiarity principal in the European Union
Topic: The subsidiarity principal in the European UnionContent:1.Introduction2.The origins and first manifestations of the principal of subsidiarity in
the EC3.The subsidiarity principle itself– The Treaties of Maastricht and Amsterdam4.Case law and the European Court of Justice4.1.The Tobacco
Advertising Case4.2.The Working Time Directive5.Evolution of the Principle in recent years– From Amsterdam until
today6.Conclusion1.IntroductionSubsidiarity can be defined as:"the principle that a central authority should have a subsidiary function, performing
only those tasks which cannot be performed effectively at a more immediate or local level."Within the European Union, it is the fundamental principle
for defining the border line between EU and ... Show more content on Helpwriting.net ...
However, also in the decades before 1992, the principle influenced to a large extent the evolution of the European Communities.
As P. De Pasquale lines out, there had been an increasingly frequent recourse to Article 235 of the EC treaty (later on art. 308 EC), which enhances the
competences of the Community for the purpose of crating a common market . The Community exercised its power in fields that where not explicitly
listed in any Treaty, but which it identified as "sensible" sectors (e.g. monetary policy). This ambiguous development alarmed the Member States that
subsequently pointed out the principle of subsidiarity, as they wanted to secure their protagonist role within the process of European integration.
The first functional achievements for the Member States took place at the beginnings of the 70s with the so called Tindeman report. In this report of
the Commission on the European Union (5/1975) the principle is explicitly mentioned. It contains the idea that the objective of the Community should
not be becoming a centralized "super–state", but rather should concentrate on attributing more powers to regional and national institutions.
A second weighty step was taken through a draft resolution (Draft Treaty Establishing the European Union) written by A. Spinelli, adopted by the
European Parliament in 1984. Again, it was affirmed that the Union should be regarded as a proper juridical person whose
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The Issue Of Supremacy Between The Eu And The National Law
PART B One of the fundamental objectives of the EU was to ensure that the law is interpreted in a consistent manner within the national courts of the
Member States, expectedly this has caused complications on the issue of supremacy between the EU and the national law, the Member States presumed
that they were allowed to exercise national sovereignty internally. Fundamentally, the Treaties are binding on all other Member States. The European
Parliament and the Council of Ministers have enacted laws, hence the European Court has the authority to make the final judicial decisions. Therefore,
in order to understand the conflict between the EU and the national law, we must first understand the concept of supremacy by defining what it is and
how do national courts perceive it. The statement suggests that the issue of supremacy between the EU and the national law is ineffective unless a
conflict arises. This essay will discuss progressively the operation of EU and national laws along with historical developments and criticisms, to
examine as to what extent the statement is valid. To put in simpler term, national sovereignty can be defined as the right of self–governance as the
supreme and ultimate authority, without any form of interference. In 1973, the United Kingdom had signed to become one of the members of the
European Communities, which is now known as the EU. The UK parliament had passed the European Communities Act 1972 (ECA 1972) on the
acceptance of EU

The Core Values Of The European Union
The EU has delivered more than half a century of peace, stability and prosperity, helped raise living standards and launched a single European currency:
the Euro. The core values of the EU are Human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Furthermore, The
EU takes on the many responsibilities that include, human rights, policy areas, from climate, environment and health to external relations and security,
justice and migration. The EU is an organization of countries that follow a cooperative political economic system. According to The Global
Organization Series: The European Union, these individual countries voluntarily give up some power over their own territories to cooperate with other
countries in order to make decisions together (11). This concept creates a free trade zone for the European Union's political and economic community.
Most of the European Union is on the European continent. According to the CIA's World Fact Book, the member states of the EU have land borders
with 19 other nations. The coastline of the European Union borders the Atlantic Ocean, Mediterranean Sea, Black Sea and Baltic Sea. European
mountain ranges include the Alps, Carpathian Mountains, Balkan Mountains and Scandinavian Mountains with the tallest mountain in the Union
being Mont Blanc. The EU's member states are largely spread out across Europe and cover an area of 1,707,787 square miles

Memorandum of Oral Pleading
Memorandum of Oral Pleading
Parties: Mr de Jong (Claimant) and Mini–Coza (Defendant)
Date and time: Thursday 4th October 2012, 10:00hrs
Judge: Mr. de Vries
The Group: Pasi Lindqvist, Daan Bredenbeek, Nick Bruurmijn and Redmer van Berkum
Overview of the Facts and the Compensation Sought
On the 1st of January 2011 the claimant Mr. de Jong purchased a buggie through a German provider Mini–Coza, who operated in the Netherlands for
в‚¬275. The buggie was to be used by the claimant's over–one–year–old son Daan.
According to the product description the buggie was suitable for kids aged one year onwards. The claimant used the buggie in a proper and normal
manner on a paved path without any serious obstacles. Regardless of the ... Show more content on Helpwriting.net ...
Misrepresentation has occurred in the sense of providing misleading product description inducing the claimant to buy the product i.e. to conclude the
contract with the trader.
Because of the defective performance the council of the claimant suggests that the buggy shall be replaced, as special performance on the part of the
trader, with a similar product. This can be established by Article 6:103, which states that the compensation can be paid in another form than only
money, in this case, a new buggy.
Tort Law – Wrongful Act: Dutch Private Law (BW)
Tort Law and Wrongful Act shall be used in the claimant's case because of the fact that the purchase price of the buggy has been below в‚¬500.

Therefore the rules and regulations of product liability do not hold, and the case needs to be considered in terms of a wrongful act.
First of all the fact that Mini–Coza has manufactured a defect product, and furthermore the fact that Mini–Coza has let this faulty product to enter the
market, which finally led to a one–year–old child to fall down to the ground and hurt himself, can be considered as a wrongful act. This is established
by Article 6:162 in the Dutch Private Law, which measures the wrongful act.
Furthermore, this wrongful act has caused damages to the claimant's son, which can be represented by the monetary damage (the medical costs) worth
of в‚¬2500.
The

The Issue Arising From The Monique 's Case Essay
Introduction:
The issue arising from the Monique's case is the direct applicability of the Treaty Articles and the direct or indirect effect of Directives, provided by the
European Union.
Monique may be able to rely on both Article 18 and 45 of TFEU which concerns any kind of discrimination against EU citizens. The CouncilDirective
14/08 will be examined whether it is direct or indirect applicable, or if it can be applicable under the principle of state liability. In the case where one
of the above can be established, Monique will be able to seek compensations against either Conker Plc or the United Kingdom's State for
non–implementation of the directive.
Treaty Articles– Direct Effect:
In 1974, when the European Council was created, all countries decided that treaties will be agreed together and they cannot be enforceable if they are
not approved democratically from all Member States. Treaties are at the top of the European Union's hierarchy and they are primary legislations which
give rights to Member states and European citizens but also create obligations to the European States to implement the "new law" into their own
domestic law. Also, Treaties sets the European Union's constitutional basis and, as stated in the case of Costa, they cannot be overridden by any
national law.
Articles 3,4 and 6 of the TFEU provides the areas where European Union have exclusive competences, shared and supporting competences respectively
and the Union shall act only within the

Supremacy of Eu Law
Supremacy/ Primacy of European Union Law Introduction: State sovereignty and supremacy of European Union law are traditionally seen as
fundamentally opposite in nature. The rights of states to deal with national issues internally, in compliance with national law, versus the obligation on
states to subordinate national law to Community law. Where it is contained: Historically the EEC treaty contained no provision dealing with the
concept of supremacy of Community law over the national law of member states. In fact, treaties were generally silent as to the nature of the
relationship between EU law and national law except for a general obligation contained in article 4 (3) TEU which states:– "'Pursuant to the principle
of sincere... Show more content on Helpwriting.net ...
Allowing national law to take precedence over community law would result in a fractious legal structure of which neither states nor citizens could
rely on. The concept of supremacy was at the forefront of the decision Flaminio Costa v E.N.E.L: just one year after the case in van gend en loos.
The case concerned the creation of E.N.E.L an Italian electricity company by the Italian government under a law passed in 1962 to nationalise the
electricity industry. Costa refused to pay his electricity bill on the basis that the nationalisation of electricity providers infringed the Italian
Constitution and several provisions of the EC treaty. The ECJ in deciding the case stated that: " the precedence of community law is confirmed by
article 189 (now 288) of the treaty, whereby a regulation shall be binding and directly applicable on all member states. This provision which is subject
to no reservation would be quite meaningless if states could unilaterally nullify its effects by means of a legislative measure which could prevail over
community law" The ECJ went further to comment that "the transfer of the member states from their national legal

The Doctrine Of Direct Effect
The doctrines of direct effect and supremacy are extremely important because they require national courts to apply European Union law over any
conflicting provision of national law. This essay will first consider the doctrine of direct effect, its advantages and disadvantages and it will go on
examining the doctrine of supremacy, how it can be assessed and its relation with the doctrine of direct effect. Finally, some conclusion will be drawn
as to how the direct effect and supremacy of Union law provisions are related to each other and how can be really helpful for individuals and member
states when looking at the big picture, even if in some situations they might be seen as inappropriate.
Direct effect is not expressly mentioned by any ... Show more content on Helpwriting.net ...
As opposed to Van Gend en Loos which leaves the matter unresolved, Defrenne allows horizontal direct effect. Therefore, the individuals are able to
invoke Treaty rights and provisions of regulations against the State and other individuals before national courts.
Nonetheless, the situation is slightly different when it comes to directives. Article 288 states that a directive must be implemented into national law.
Even if it does not fulfil the second criteria of the test in Van Gend en Loos about implemented measures, in the latter case of Van Duyn v Home
Office it was held that directives can be directly effective provided that they are clear and unconditional. There are conditions, however, in the case
of Ratti , it was held that for a directive to have direct effect on the member state the implementation deadline must have passed. In addition, in the
case of Marshall , the court decided that directives can have a vertical direct effect but not a horizontal direct effect. This decision was upheld in
Faccini Dori v Recreb Srl . This protects the individuals from being sued for matters that the State is responsible for.
Nevertheless, these decisions were strongly contested, especially in the employment context. Why should people be able to sue their employer only if
they are a public body? What about people working in the private sector? It could be argued that only members of parliament

Internet Privacy Law: a Comparison Between the United...
David L. Baumer1, Julia B. Earp2 and J.C. Poindexter3 College of Management, North Carolina State University, Raleigh, NC 27695–7229
1David_Baumer@ncsu.edu 2Julia_Earp@ncsu.edu 3JC_Poindexter@ncsu.edu Internet Privacy Law: A Comparison between the United States and
the European Union Abstract The increasing use of personal information in web–based applications has created privacy concerns worldwide. This has
led to awareness among policy makers in several countries regarding the desirability of harmonizing privacy laws. The challenge with privacy
legislation from an international perspective is that the Internet is virtually borderless but legislative approaches differ between countries. This paper
presents a functional... Show more content on Helpwriting.net ...
Congress as a bill in January, 2003 (see H.R. 69). Even though OPPA is just proposed legislation at this point, it encompasses most of the necessary
components for comprehensive protection of privacy online called for by privacy advocates and entities such as the FTC. It is also consistent
with the Fair Information Practices (FIP) [9], which have operated as a guide for policy makers in the U.S. If the U.S. does indeed enact
comprehensive online privacy legislation, it will most likely continue to use the FIPs as a guide and therefore, will closely resemble OPPA. The
results presented herein will benefit managers and website designers of companies involved in international business, as well as policy makers.
This paper is organized as follows: Section 2 reviews privacy legislation in the EU and U.S., Section 3 presents the comparative analysis between EU
and U.S. privacy laws and Section 4 draws some conclusions and provides recommendations to managers and website designers. Privacy Protection in
the EU and in the U.S. In 1980, the Organization for Economic Cooperation and Development (OECD) issued the Guidelines on the Protection of
Privacy and Transborder Flows of Personal Data. Commonly known as the OECD Guidelines, they established eight data protection principles for
balancing data protection and the free flow of information. Although the OECD Guidelines are recognized by all OECD

The Differences in Laws and Privacy in the United States...
In Computer Security what are the differences in laws and privacy between United States vs. European Union? Do the laws that a society have in place
deter computer hacking or should we require to have better systems and technology to prevent such an attacks. In reviewing the US's Computer Fraud
and Abuse Act, and the changes that have been made to improvecomputer security in the private sector, to see if these enough to protect our systems
from cybercrimes? Will the addition of the Aaron law to this act going to improve computer security? Is the government just playing with terms and
phase, or can this amendment true help protect our systems and how will hacking be handled in the future? I will outline that our government is
merely addressing hacking on a, as it happened bases compared to the European Union and does not clearly define the modern issue that we are
handling or what they will become.
The Computer Fraud & Abuse Act (18 USC 1030) is legislation that was first enacted in 1986 to clarify the existing computer fraud law created in
1984 it helped to identify and speak to malicious code and hacking attacks. The legislation identifies what is consider a crime and were the line are
between crime and code are. Even though the Act clearly details what is not acceptable, it falls short in today's modern time. The act was constructed
in a time well before the Internet was a force that everyone uses 100 of times a day. The Act can be broadly interpreted and can be

The Case Law Has Established A Formal And Sufficiency Test
o Regarding given circumstance, the issue is to determine the status as such the rights derived by Arvind, his partner Stephanie as well as their two
children under EU law. In order to do this each of them will be discussed below. Arvind Article 20 TFEU states that every person holding the
nationality of a member state shall be a citizen of the union. In addition Article 21 further provides for the rights of citizens to move freely within any
member state subject to conditions and limitations. Arvind being a British national under the above provisions automatically becomes an EU citizen
and for the purpose of ART 21 is entitled to move freely within any member state (Czech Republic.). A union citizen can stay for a period more than
3months if he is a worker or self–employed . Article 45–48 TFEU establishes the rights of a worker under free movement of people in EU law. The
meaning of a worker is further found in case law. The case law has established a formal and sufficiency test The sufficiency test is based on the
nature and quality of the work such that a person can be regarded as engaged in effective and genuine work . This was illustrated in Levin. The formal
test is set in Lawrie–Blum. Which require an affirmative answer to three questions. Is the person obliged to work for another; is the work done for
monetary reward; is the person subject to direction and control of another. Arvind is a director of BD, a company and as such can be

Similarities And Differences Of Employment Laws In The...
Employment Laws The European Union hopes to improve the working and living conditions of members of the EU as well as achieve social progress
through enforcing their employment laws (Labor). The employment laws of the EU are primarily put forth in the Treaty on the Functioning of the
European Union and are overall quite employee friendly when compared with the laws of other countries outside of the EU. The treaty forms the
detailed basis of European Union employment law by stating the EU's authority to legislate and the principles of law in the areas where the EU law
operates. The European Union labor law focuses on two specific areas. One being working conditions which deals with working hours, part–time
/fixed–term work, and posting of workers. The other being the act of consulting and informing workers about things such as transfers of companies
and decisions by employers to lay off a group of employees (Labor). In addition, the European Union employment laws cover individual labor rights,
anti–discrimination regulations, rights to information and participation at work, and rights to job security. The employment laws of the European
Union have various differences and similarities to many of the employment laws put forth in the United States. Similarly, to many policies enforced in
the United States, every European worker has certain minimum rights relating to health and safety at the workplace, equal opportunities for women
and men, and has protection

The European Union Law School Essay
Discussion: "Would it be correct to say that the Court of Justice has dealt with any obstacles to the establishment of the doctrines of supremacy and
direct effect and that these doctrines are now firmly entrenched?"
Student ID # 160058005
LD3005 European Union Law
City Law School
City, University of London
7 November, 2016
INTRODUCTION
The European Union ("EU") is an economic and political vehicle between 28 European countries, including the United Kingdom, that allows national
governments to pursue shared and national interests. The United Kingdom became a Member State in 1973. The EU was born out of a quest for
peace following the devastating effects of World War II. To that end, six nations signed the European Coal and Steel Community Treaty, in 1951, to
share their coal and steel resources. This agreement was subsequently replaced by the European Economic Community ("EEC"), which was eventually
renamed the "European Community" ("EC"). The EU, which was created by the Maastricht Treaty, replaced the EC when it formally came into being
in 1993 following ratification of the Treaty of the European Union ("TEU") by Member States.
COURT OF JUSTICE OF THE EUROPEAN UNION
Article 13 of the TEU calls for the creation of EU institutions whose goals and objectives, amongst other things, are to promote and serve the interests
and values of Member States and their citizens. One such institution is the Court of Justice of

The Doctrine Of Direct Effect
The doctrine of direct effect is the primary tool by which the Court of Justice of the European Union (CJEU) enforces European Union (EU) law within
member–states. However, the power of direct effect as a tool of enforcement means that the CJEU has had to resist impulses to overextend its
application. This essay will argue that rather than unnecessarily undermining the doctrine of direct effect, the CJEU has skilfully managed to create an
effective enforcement regime for directives while applying consistent principles in regards to respecting the purpose and function of directives, keeping
EU directives and regulations distinct, and crafting new methods of achieving the aim of directives. According to article 288 of Treaty of the
Functioning of the European Union (TFEU), a directive is a legal instrument of the EU which requires member states to achieve a designated result
without dictating a means by which that result is to be reached. Van Gend established, for the first time, that citizens of member–states could bring an
action using EEC laws and their national courts had an obligation to give effect to EEC law. The case, which concerned article 12 of the EEC Treaty
, established that treaty articles could have direct effect. This has been enshrined in the TFEU as article 288 states that regulations and decisions are
also directly effective. However, it is the issue of directives where the law regarding direct effect becomes more complicated. In Van Duyn, the CJEU

Essay On EU Law
Whilst there has been contention to the definition of direct effects, it has generally been explained to be a principle that bestows upon the individuals
of the European Union (hereafter, the EU) Member State, a right which flows from EU law. This conferring of right would enable an individual to
invoke the provision before the courts. An invention of the Court of Justice of the European Union (hereafter, the CJEU) and first recognized in Van
Gend en Loose , this principle, therefore, goes to the heart of the supremacy of EU law. The question in Van Gend was whether Article 12 of the Treaty
of Rome allows individuals to enforce the rights against the State. In acknowledging that the European Community was headed straight for a common
... Show more content on Helpwriting.net ...
The basis for this can be found in Article 288 of the Treaty of the Functioning of the European Union (hereafter, the TFEU), which reiterates this notion.
The wording of Article 288 of the Treaty on the Functioning of the European Union (hereafter, the TFEU) is crystal–clear; Directives are addressed to
Member States and would have to first be transposed into national law within the given deadline. However, where the Directive in question can fulfil
the conditions in Van Gend and have expired , they may have adirect effect.
Nevertheless, this direct effect is restricted only to that of a horizontal nature. Marshall disallows individuals from enforcing a Directive against a
private body. Concerns were raised when there was a call to allow Directives to be horizontally effective. One point of contention was the fact that
Article 288 expressly mentions that Directives are binding upon Member States' who were expressly addressed.
Another argument raised was focused on the distinction between Regulations and Directives. The transposition process for Directives is what
differentiates the two. To take away this ability would be to blur the demarcation between the two types of secondary EU law sources as they would
both be rendered directly applicable. Despite the criticisms, however, Marshall was affirmed in Dori a decade later.
Yet, a problem stems from the refusal of having Directives be horizontally effective; claimants are unable to rely

The Eu 's Hybrid System
Analysts and legal experts have debated on whether the EU should be a considered as a supranational legal system or an intergovernmental one.
However, the current state of the EU is a mixed system, a hybrid of both supranational and intergovernmental elements. It is an intergovernmental
organization that has supranational characteristics which often results in tension between the principle of national sovereignty of member states and
supranationality of EU law. The EU was established by international agreements signed by member states therefore once EU legislation is passed, it
becomes binding on all member states; rules can be made in the EU which have a direct impact on the Member States and thereby also a direct effect
on the citizens of the member states. Most disputes about EU primary and secondary laws are decided by a body with a distinct supranational
characteristics, the Court of Justice of the European Union (CJEU).
This paper will analyse the role of the CJEU in the EU's hybrid system. It beings by outlining its organization and structure as well as its how its
competences has transformed to support a more federalist role. The second section reviews how the competences of the CJEU has propelled it to make
comprehensive decisions that has pushed it to become more of federal supreme court rather than an international judicial body. The third section looks
at areas of limitations of the CJEU that have attempted reign in its expansive powers. The paper argues that

The European Union Law Has A Big Impact On How The Uk Law...
The European Union law has had a big impact on how the UK law monitor their water pollution as there are now specific standards that have to be
adhered to as the government are now monitored and measured. The EU first regarded water pollution as an important matter in 1973 and have been
introducing new directives since. The directives have looked at a number of topics referring to water pollution. In 2000 the European Commission
produced The Water Framework Directive 2000/60/EC (WFD) legislation as a major driver for achieving sustainable management of water in the UK
and other EU member states for many years to come. The WFD requests that all inland and coastal waters within river basin districts must reach at least
'good status' by 2015 and states how this should be reached through the establishment of environmental objectives and ecological goals for surface
waters. As a result, there will be healthy water environment, achieved by taking due account of environmental, economic and social considerations
(European Communities, 2000). The WFD is a legal structure that protects all rivers, lakes, estuaries, inland coastal waters and groundwater bodies
across Europe. It aims to do this by: Encouraging sustainable water consumption Protecting, Enhancing and stopping any deterioration of aquatic
systems Stopping hazardous substances entering the marine environment Reducing ground water pollution Over the past decade there have been
significant achievements in

International Union And The European Parliament Adopted...
"A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to decide how.
This was the case with the working time directive, which stipulates that too much overtime work is illegal." http://europa.eu/eu–law/decision–making
/legal–acts/index_en.htm
In Rochelle's case the European Union and the European Parliament adopted Directive 2012/507 (The Off–Premises Sales Contract Directive), Rochelle
may seek to rely on Article 3 (subsection 1) of Directive 2012/507 that 'member states shall ensure that customers have a period of 14 days to
withdraw from an off–premise sales contract and return unused purchased goods. Such consumers have a right to a full refund of ... Show more content
on Helpwriting.net ...
Direct applicability is the 'capacity of E.U. law to immediately form part of national law of Member States without a need for any further
implementation'.
Directives do not automatically form a part of English law, and therefore Rochelle needs to rely on the doctrine of direct effect if she is to succeed with
this Directive. Direct effect applies in principle, to all binding EU law. Broadly the doctrine is 'provisions of binding EU law which are sufficiently
clear, precise, and unconditional to be justiciable can be invoked and relied on by individuals, before national courts', however such definitions are
disputed. (Page 180 – 181 EU LAW text cases and materials 5th edition– Paul Craig)
Van Gend Loos established the doctrine of direct effect; this case involved two conflicting laws between a Dutch customs law (national law) and
Article 30 of the TFEU. The Government argued that Article 30 conferred rights and obligations between states, and were not enforceable at the suit
of individuals i.e. the company Van Gend en Loos. In addition it was claimed that the treaty provided enforcement procedures under Articles 258 and
259 of the TFEU. In Advocate General Romer's opinion, Art.30 TFEU was 'too complex to be enforced by national courts'.
Notwithstanding this, the article was held directly effective by the Court of Justice, it was stated that EU law 'imposes obligations upon individuals, but
also confers on them legal rights'. The courts saw the doctrine of

Internet Privacy Law: a Comparison Between the United...
David L. Baumer1, Julia B. Earp2 and J.C. Poindexter3
College of Management, North Carolina State University, Raleigh, NC 27695–7229
1David_Baumer@ncsu.edu 2Julia_Earp@ncsu.edu 3JC_Poindexter@ncsu.edu
Internet Privacy Law: A Comparison between the United States and the European Union
Abstract The increasing use of personal information in web–based applications has created privacy concerns worldwide. This has led to awareness
among policy makers in several countries regarding the desirability of harmonizing privacy laws. The challenge with privacy legislation from an
international perspective is that the Internet is virtually borderless but legislative approaches differ between countries. This paper presents a ... Show
more content on Helpwriting.net ...
In this paper, we show just how different Internet privacy protection is in the U.S. relative to the EU and examine a significant, proposed change in U.S.
privacy law. Every society values privacy in some respect but the expressions of privacy differ significantly across cultures [5]. A recent survey of over
1000 Internet users from 30 countries demonstrates this; in particular, the non–U.S. respondents were statistically more concerned about organizations
using consumer data for customization and personalization purposes [6]. These findings are apparent when comparing and contrasting privacy laws
from differing cultures. The cultural values of a nation influence the development and maintenance of societal institutions such as legislative bodies
[7]. Although there may be other factors to consider, a country's cultural values are closely associated with the privacy concerns that are exhibited by
its people and are associated also with its regulatory approach [2]. The qualitative analysis we perform in this paper provides additional support for
the proposition that different cultural experiences and histories impact a country's legal system, especially the legal protection provided for individual
privacy. The initial consequences of international legal disparities between the U.S. and the EU in privacy protection took place when the EU enacted
and enforced the 1995 EU

The Role Of The Direct Effect And State Liability
The given scenario involves a women name Suvi, a Finnish national who wants to work in UK as a self–employer offering her services as a Zoo
technologist to the zoos in UK. In order to achieve that she must be registered with National Authority of Zoo The problem with her situation is the
that her application for registration has been rejected based on two reasons, (1) she must obtain a qualification in respective field from UK in line with
2014 UK Act and (2) she must obtain insurance in accordance with EU Directive 2010/5.
The main issue for Suvi to concern with is the enforcement of EU law and the application of the Direct effect and possible following of Indirect effect
and State Liability. The Direct Effect is a term given to judicial... Show more content on Helpwriting.net ...
And to do that she must full fill the criteria of Van Gend en Loos [5] i.e (1) Be clear and precise (2) Be unconditional and (3) Not dependent on
further actions by EU institutions or by Member state .[6]
For Suvi's first reason of rejection of application of registration with NAZ, Under the Regulation EU 12/2012 of the EUROPEAN PARLIAMENT
AND COUNCIL on the right of free of movement for zoo technologisist 1 APRIL 2012. ART 1, ART 3 and ART 7 satisfies the Van Gen en loos test's
first and second condition because ART 1 and ART 3 of the regulation Gives right's to Suvi to work in UK to as a self
–employed zoo technologist .she
is a Finnish national, EU MS citizen, thus she can work in any other MS and she is entitled to be registered with National Authority of Zoos (NAZ)
the regulation should have been applied by UK by December 2012 and by the facts given it it indicates that UK government did not do the
transposition properly therefore it will be safe to say that the time of transpose has passed thus satisfying second condition and EU regulation can be
enforced like the case of Pubblico Ministero v Rotti 148/78 [7] principle where the date of implementation has passed and the directive have not been
implemented or implemented properly.
Even though the EU Regulation, under ART 288,EU law is directly applicable in host country, these three Articles full fill the first two conditions of the
criteria i.e. Be clear and precise, Be unconditional. The third condition

The Constitutionalisation of the Treaties by the European...
The Constitutionalisation of the Treaties by the European Court of Justice Introduction ============ On it's formation in 1957 the European
Economic Community Treaty[1] was seemingly another international treaty to which the six original Member States[2] had signed. In the realm of
international law such treaties are binding merely on the governments of Member States which have signed them. In it's essential provisions, the Treaty
made reference only to the Member States who themselves had no reason to believe this Treaty would be any different. However, it was latent from the
start that this Treaty had the potential to extend beyond the reach of previous international treaties[3].... Show more content on Helpwriting.net ...
The 'interpretation' of Article 234 ––––––––––––––––––––––––––––––––––– In Van Gend en Loos v Nederlandse Administratie der Balastigen[8], the
plaintiff, a Dutch firm, tried to invoke Article 12 (now 25)[9] of the EC Treaty before a Dutch tribunal, the Tariefcommissie. Using the Article 234
procedure the Tariefcommissie referred two questions to the Court. Firstly, 'Whether Article 12Гўв‚¬В¦has direct application within the territory of a
Member State, in other words, whether nationals of such a State can, on the basis of the article in question, lay claim to individual rights which the
courts must protect'.[10] It was argued by the Dutch and Belgian Governments that this reference concerned the application of the Treaty and not it's
interpretation as required by Article 234, and hence that the Court had no jurisdiction to consider it. The query, they considered, as a matter of Dutch
constitutional law, should be answered by the Dutch national courts, subject to Articles 226 and 227, which allow the Commission and Member States
to challenge actions of other Member States. In a superficial holding that this reference related to interpretation 'only',

International Law And The European Union
The European Union is a unique political organisation with its own law making powers; it presents a massive constitutional fabric on the individual
member states identity. One of the essential ideals of the European Community Treaty (EC) is to breakdown trade barriers, including taxes, by
individual Member States; it also defines the basic principles of political and economic factors in the European Union. The EC Treaty does not give any
clear terms when dealing with public procurement; legislation is based on aims of the EC Treaty, in particular the free movement of goods in article
28 and the freedom to provide services in article 49 . It is used to implement the goals of the European Community as set out in articles 2 and 3, the ...
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2.2 Development of Procurement Policy
The supremacy of European Law was first established in 1964 when the European Court of Justice (ECJ) in Flamino Costa stated that, "By creating a
Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the
international plain and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the States to the
Community, the Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both
their nationals and themselves." The purpose of the procurement Directives is to encourage open and transparent competition which is delivered
through competitive tendering throughout the European Union. The Directives do this by applying these core principles of procurement policy:
1.Proportionality – Contract award criteria must be relative to the contract. For example requiring a company turnover of more than ВЈ20 Million for a
project worth only

The Issue Of Privacy Laws
Privacy laws are fairly new to humanity. We can take a look at the animal world, of which humans are biologically still classified in the same
taxonomy family as apes. (Groves, 2005).
Wild animals have no concept of privacy and humans in the beginning didn't either. Early humans lived in tribes and shared belongings, otherwise they
wouldn't survive. The concept of what is considered private or not, has developed as human intellect has grown.
As human intellect has increased, so has advancements in technology and the need for privacy to be addressed within legal context. With the advances
in technology, certain events that were once considered private, certainly are not anymore. We can use the example of social media, and how some
people will post pictures of their children, while still within the hospital room. This typically private moment in a family's life, in today 's' time is
something for the world to see. Of course, the person who posted this on social media didn't want this event to be private, but what about social media
users who only send these pictures to a select few friends? How will their privacy be protected, using an unprotected source such as the internet?
Privacy laws concerning personal data have come into formation recently, but laws concerning general privacy rights have been native to the United
States. Laws such as the First, Fourth, and
Fourteenth Amendment have all been established to protect citizens' right to privacy. These
Amendments include

European Community Law Enacted Into Domestic Law
The European Communities Act 1972 was passed by parliament, this introduced the European Community law enacted into domestic law. On the 1st
January 1973, the United Kingdom joined the European communities, along with other European nations, and this embarked on the nations becoming
the European Union. On the 23th June 2016, the European Union Referendum Act 2015 took place questioning as to whether the United Kingdom
should leave the European Union, and thus, the people voted in agreement to leave. This triggered Article 50 of the Treaty on European Union,
whereby Prime Minister Theresa May is to give liable notification to exit the European Union. This allows a two–year 'open window' to discuss a
withdrawal agreement. The R (Miller) v Secretary of State for Exiting the European Union case discusses as to whether the Crown's notice is
substantial to give notice of this leave.
The legal issue presented before us asks if the Crown Court has the prerogative power to give notification under Article 50 to exit the European Union
without notifying parliament. This foreseeing the risk of losing European Union statutory rights. The Crown agrees so, and this brings into question
parliaments sovereignty, Britain's constitutional statutes and what can be perceived as a diminishing history of democracy.
The defendant Secretary of State pinpoints that in the ECA 1972, 2015 Referendum Act or any other United Kingdom legislation passed by parliament
states no terms which show that the

The Long Term Employment Act 2013
Introduction
The claimant is in perusal of gaining compensation she believes to be rightfully owed, due to work related injuries caused at their place of
employment, at the University of Northern Ireland, when a box of exam papers fell on top of the claimant.
Directive 444 cites that individuals 'must' be compensated, as a long term employee, which the Directive defines as working more than 4 years with
the current employer, for any and all reasonable injury related medical expenses for at least one year following the date of their injury. This provision
would mean that the client is entitled to at least ВЈ2,400 up until May 2015, as their current medical expenses per month are ВЈ200 for medication and
physiotherapy.
Under UK ... Show more content on Helpwriting.net ...
The EU is an autonomous legal order, and its survival is dependent on the principle of supremacy. An effective, coherent system is essential for
uniformity. The principle cites that when national and EU conflicts, EU law is supreme.
Direct Effect
A cause of action the claimant could use to exercise their rights could be direct effect. Direct effect is noted to have two interpretations, broad and
narrow. The former states that it is a capacity of a provision of European law which can be invoked before national courts. The latter cites it to be a
capacity of a provision of EU law which sees it confer rights unto individuals. [1] The first and leading case in which the doctrine of direct effect was
established is Case 26/62 Van Gend en Loos. [2] It is possible the claimant could firmly rely on direct effect of this non–directly applicable form of EU
law, outside regulations and treaty articles, as confirmed by Case 9/70 Grad, [3][4] and further confirmed in Case 41/74 Van Duyn v Home Office
[5] which cited that directives could give rise to direct effect, providing they satisfied a certain criteria. The initial criteria directives had fulfil so to
have direct effect were established in the Case 26/62Van Gend en

Jacqueline FГ¶rster Case Entitlement
Case Note Case C–158/07 Jacqueline FГ¶rster v Hoofddirectie van de Informatie Beheer Groep FГ¶rster Judgment Facts of the case The FГ¶rster
judgment concerns the legal dispute between the student Jacqueline FГ¶rster and the Executive Board of the IB–Groep. FГ¶rster was a German
national who moved to the Netherlands for her studies. During her studies she worked to support her living costs and was able to receive a study grant
from the IB–Groep, an administrative body. The IB–Groep annulled the maintenance grant with respect to the period from July to December 2003 and
requested that FГ¶rster repay the excess sums. Ms. FГ¶rster brought an action before Alkmaar District Court. That action was held to be unfounded on
two grounds. First, Ms. FГ¶rster could no longer be regarded as a worker since she had not had any real and genuine employment during that time
period. Second, Ms. FГ¶rster could not claim entitlement to a maintenance grant because she had not been integrated into Dutch society. Ms. FГ¶rster
appealed against that judgement before the Centrale Raad van Beroep. She claimed that she was already sufficiently integrated into Dutch society to be
able to claim a maintenance grant. In the alternative, she submitted that she... Show more content on Helpwriting.net ...
Therefore, Article 18 TFEU is also applicable to maintenance costs for students. Furthermore, a five–year residence requirement is deemed appropriate
for the purpose of guaranteeing that the applicant for the maintenance grant is integrated into the society of the host Member State. The Court
concludes that the first paragraph of Article 18 TFEU does not preclude the application to nationals of other member States of a requirement of five
years' prior

The European Union Law
Introduction
The European Union Law is a set of rules, regulations and directives which creates the direct and the indirect effects, that effect on Member States
(MS) of the EU. The different sources of law serve the existence of The EU and explain how the law apply. The primary source of law that formed
from the treaties between the members at the establishment of the union was mainly created to bind all the states together, moreover The International
Agreements between them, while directives and regulations from the secondary source of law that should be imposed by the MS. In The Court of
Justice of The European Union (CJEU), in which Judges are the main legislative authority in setting precedents and rules when it comes to matters like
Direct Effect. Direct effect is the concept of The EU, in which appears in the national courts of MS . Directives are the only vertical effect, they are
the instructions to MS and this grantee to individuals the right to claim against any failing to transpose a community legislation correctly , also it
provide individuals with a valid defence to any action brought by a public authority of a domestic law. Lenz and Jacobs stood against the idea that
Directives should only be affective vertically only and they believed that Horizontal should be allowed, because it maybe led to more coherent EU
legal effect on domestic laws .
Direct Effect
Direct Effect is defined as the principle under EU law which enable individuals to claim for their rights

The Doctrine Of Direct Effect And State Liability
The Issue relates to the application of the doctrine of direct effect, and possibly the application of indirect effect and state liability if require in
pursuant of invoking the EU Transfer of Pensions Directive (TPD) in a UK national court (NC) in light of the UK's national legislation which
evidently fails to completely encompass the directive. Directives are a secondary source of European Union (EU) legislation which in accordance with
Art 288 of the EC: are binding on the EU Member States (MSs) to which it is addressed; they outlines objectives that need to be achieved; they is
not directly applicable; they instructs the alteration of domestic law so that it complies with EU policy. Implementation rests in the jurisdiction of
MSs, nonetheless directives must be established by a specified deadline as a failure to can be a breach, and MSs can be held to account before the
European Court of Justice (CJEU).
Alfredo
For Directive (TPD) to be relied upon before UK court Alfredo must show that it is directly effective. The doctrine ofDirect Effect was originally
established by the CJEU in Van Gend en Loos . When an EU provision is directly effective it confers invokable obligations and rights on individuals.
This occurs when the following limited conditions are established: the terms must clear, precise, and unconditional and not be reliant of further legal
measures .
It is questionable as to whether or not the TPD is clear and precise, but in accordance with

Principal Instiutions and Laws of the European Union
Law Assignment
What are the principal institutions of the European Union? To what extent do these institutions engage with the sources of EU law?
1946 in a speech in Zurich after WWII, did Winston Churchill call for "kind of United States of Europe" (Coe.int, 2014). 1951 the ECSC is
established by Belgium, France, Germany, Italy, Luxembourg and the Netherlands. Six years later in 1957 does the Rome treaty sets the start of the
EEC the beginning of the european common market and the EURATOM (atomic energy community). In 1961 does Britain in fellowship with
Denmark and Ireland apply for membership to the EEC but it is not until 1973 when the approval has been granted hence to Charles de Gaulles veto
(News.bbc.co.uk, 2014). ... Show more content on Helpwriting.net ...
The European Commission is the main executive body of the EU and proposes new legislation to the Parliament and Council as well as it represents the
EU internationally. Further the Commission enforces union law in collaboration with the ECJ when a member state has not met his EU obligations
(Gov.uk, 2014). The Commission is run by a president (currently JosГ© Manuel Barroso) and a commissioner of each member state. The President is
nominated by the European Council not to be mistaken with the Council of ministers. Also do appointments by the Commission have to be approved
by the European Parliament which also has the sole power to dismiss the Commission (Europa.eu, 2014).
The European Parliament consisting out of 785 members represents the people of the EU and is directly elected every 5 years, it is with the Council
which is acting as the representative of the Governments of EU members the main Law–making institution (Adams, 2010). It passes jointly with the
Council new EU Law, this process is called ordinary legislative procedure. Other tasks of the Parliament is scrutinising other EU institutions like the
Commission to ensure their democratic operating. Further Tasks include the annual budgeting of the EU carried out by a committee which also works
in collaboration with Council (Europa.eu, 2014).
The last of the principal institutions of the EU is the Court of Justice of the European Union which has three

Charter of Fundamental Rights of the Eu
The Charter of Fundamental Rights of the European Union Content
Facts Title I – Dignity Title II – Freedoms Title III – Equality Title IV– Solidarity Title V – Citizens' Rights Title VI – Justice Title VII – General
Provisions Prohibition of abuse
The Charter of Fundamental Rights of the European Union
1
Ulrich Wessel
Facts
Signed by the Presidents of the European Parliament, the Council and the Commission on 7 December 2000 in Nice
Whole range of civil, ... Show more content on Helpwriting.net ...
10
Ulrich Wessel

Article 16 – Right to conduct a business
Article 17 – Right to property – Intellectual property shall be protected
Article 18 – Right to asylum
Article 19 – Protection in the event of removal, expulsion or extradition – Collective expulsions are prohibited – No one may be removed, expelled or
extradited to a state where there is a serious risk that he or she would be subject to the death penalty, torture or other inhuman or degrading treatment or
punishment
11
Ulrich Wessel
Title III
Equality
12
Ulrich Wessel
Article 20 – Equality before the law
Facts Title I – Dignity Title II – Freedoms Title III – Equality

Legal Environment of Business
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BРђBS
Legal environment of business
Home Assignment
Seminar leader: Margit Racz
Student name: NurlР°n S. KurmР°lР°yРµv
Contents
1. Introduction..........................................................................3 2. The constitutional order of Hungary..............................................3 1.
Legislation................................................................... 3 2. Execution tasks................................................................................3 3. Judicial
power................................................................4 3. The constitutional order of the EU................................................4 1.
Legislation....................................................................4 2. Execution tasks...............................................................5 3. Judicial
power................................................................5 4. Conclusions (similarities + ... Show more content on Helpwriting.net ...
Court system in the Republic of the Hungary divides into two: 1. Ordinary courts, 2. Special courts. The ordinary courts are organized on four levels:
the Judgment Boards, the Court of the Capital and the county courts, the Supreme Court of the Republic of Hungary and the last but not the least is
local courts.
The constitutional order of European Union
Legislation
There are two bodies responsible for the legislative tasks in the EU. First one is The Council of the European Union (officially the Council and

commonly referred to as the Council of Ministers) is the principal decision–making institution of the European Union. The Council is composed of
twenty–seven national ministers. The primary purpose of the Council is to act as one of the two chambers of the EU 's legislative branch. The Council
is the main law–making body of the EU (on the initiative of the Commission and in co–decision with the European Parliament). The Council is based in
Brussels, but meets at fixed intervals in Luxembourg. Second body responsible for legislative task is European Parliament. The European Parliament is
the directly elected parliamentary institution of the European Union. Its essential function is to express the will of the Union's citizen in the
Community decision–making process hand–in–hand with the Council, representing the interests of the Member States. Together with the Council of
the European Union, it forms the bicameral

Eu Law Of The European Union
EU LAW
(i) The actions that might be brought by Rochelle and Neil in the national courts
With regard to the actions that might be brought by Rochelle and Neil in the national courts when it comes to the matter of complaints about the
law of the European Union's (henceforth, the EU's) application, it has generally been recognised that if an individual is recognised as being a
national of a Member State, lives in a Member State, or if they run a business in the EU then the law of the Union provides parties like Rochelle and
Neil with a number of rights. However, if individuals like Rochelle and/or Neil feel that their rights under the law of the EU in the form of a Directive
and a Regulation in this instance respectively have not been respected by a Member State like the UK's national authorities then it is first necessary to
bring the matter before those authorities for the purpose of resolution before having to resort to the European Court of Justice (henceforth, the ECJ) for
this purpose. This is because it has generally been recognised that this will typically be both the most effective and efficient means to bring about the
resolution of any matters of concern raised by parties like Rochelle and/or Neil when it comes to the interpretation and application of the law of the EU.
Such an understanding of the position in this regard is evidenced by the fact that the law of the EU in the form of the Treaty on the Functioning of the
European Union 2008 (henceforth, the

The European Union Of The English Law
EU law have been influence the uk law in many things because of it especially basics. The European Union, is an international organisation. It looks
like the American Organisation of the United Nations, being characterised by a unique political system in the world, it has a single economic market
(European Common Market) and a single currency (the euro). it enjoyed by the authorities and powers granted by the state institutions Joint Union, but
these countries have not reached the limit to giving up its sovereignty to the Union, but gave up some of their interests in order to achieve the common
interests of the Union provides its power and influence in the world. This essay will clarify the impact of the european union to the English ... Show
more content on Helpwriting.net ...
For the year 1195, through the Treaty of Rome the European Common Market
Maybe Treaty white paper or Europe one of the year 1957, through to the year 1986, up to the Maastricht Treaty of the European Union EU for the year
1992. This treaty established a common European market, and organised topics fabricated on the rights of citizens of the Union, including the free
movement of persons, goods, services, and capital funds, and impose restrictions on the customs. Accordingly, these treaties have involved
Different rights to the citizens of the Member States. It has also these treaties establishment of various institutions of the Union, such as the
Commission, the European Parliament, the European Council and the European Court of Justice. Member States have made through the signing of
these agreements, determining its powers or sovereignty in certain subjects, and the granting of authority to those topics to Union institutions. Treaties
and continues to form the basis of the European legal system, and the first source of Union law, which is similar to a certain "Constitution" in the
internal legal systems.
Secondary sources is the treaty has authorised the Union institutions, the power to issue secondary legislation, in order to
Be able to achieve the objectives for which established the Union. As it stated

Parliamentary Sovereignty In The Uk
Traditionally, alongside the rule of law and the separation of powers, parliamentary sovereignty has been one of the fundamental principles of the UK
Constitution. Parliament is sovereign in the sense that it has "the right to make or unmake any law whatever" and judges cannot "override... the
legislation of parliament" , as has been illustrated by A.V Dicey, 19th century constitutional theorist, in The Law of theConstitution (1885). However,
the UK has since signed the European Communities Act in 1973, effectively joining the European Union (EU), and allowing the European Court of
Justice to take primacy over their own domestic courts. The EU has been conceived by various treaties, including the Treaty of Rome and the Single
European Act . As a dualist state, the UK must translate EU law into its own law. Though the UK is subject to EU law, there is dispute as to whether
the UK has actually limited its own parliamentary sovereignty through its membership in the EU, and whether it is absolute, since the UK voluntarily
joined the EU. ... Show more content on Helpwriting.net ...
v Secretary of State for Transport Ex p. Factortame, and Benkharbouche & Anor v Embassy of the Republic of Sudan and Libya have demonstrated
the application of the supremacy of EU law over UK law, thus showing the erosion of the UK's parliamentary sovereignty, that was established through
founding documents such as the Magna Carta in 1215 and the Bill of Rights in

Poland's Role Of The State Of Poland
The Republic of Poland, commonly referred to simply as Poland, is a unitary state that operates with a parliamentary republic government. In
addition, Poland has also been a member of the European Parliament since 2004 in which it is the sixth largest member state with a population of over
38.53 million as of 2013. The politics of Poland can arguably be viewed as complex to an outsider, such as one from the United States of America.
Unlike the United States, Poland does not use a two–party system in elections and it also operates under a semi–presidential system meaning the
country has both a president and prime minister. Poland operates with a semi–presidential system in which there is both a president and a prime
minister taking part ... Show more content on Helpwriting.net ...
Duda is an independent politician meaning he does not particularly align with any political party. Contrarily, SzydЕ‚o is a member of the political
party known as the Law and Justice party. The political parties, or lack of, of Polish politics can greatly assist in influencing how Poland is governed.
Poland operates under a multi–party system in which various political parties compete against one another in elections. This system contrasts from the
United States in that the United States operates within a two–party system in which elections are between only two major political parties. Poland
currently has 15 political parties that hold seats in either the Sejm, Senate or the European Parliament. These parties include Law and Justice, Civic
Platform, Modern, Polish People's Party, Union of European Democrats, Union of European Democrats, Democratic Left Alliance, Solidary Poland,
Poland Together, Liberty, Congress of the New Right, Right Wing of the Republic, National Movement, Real Politics Union, Labour United and
National–Catholic Movement. Civic Platform and Law and Justice are the two major political parties of Poland, as they accumulate the most seats by a
plurality in the Sejm, Senate and European Parliament. Due to their pluralities in these institutions, members of these two parties have a large impact
and influence on decisions in the country of Poland. In addition to

Alternative Dispute Resolution : Argument Resolution
Question–01
Alternative Dispute Resolution is an increasingly accepted option that allows people to resolve disputes outside of court in a helpful manner. ADR can
be faster, cheaper and less stressful than going to court. Most essentially, the use of ADR can provide greater fulfillment with the way disputes are
resolved.
Purpose of ADR
Reduce costs of the arbitration process to reduce overcrowding in the courts.
Create a speedier and more efficient forum in which to resolve the civil disputes.
Alternative Dispute Resolution refers settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation,
conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states
have begun experimenting with ADR programs. Some of these programs are voluntary others are mandatory.
The two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the
preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute
settlement is that it allows the parties themselves to control the process and the solution.
Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, which bring opposing parties together and
attempt to work out a settlement or agreement that both

How European Law ( Eu And Echr ) Has An Impact On The Uk
Better off out or in?
Gaining an insight on How and Why European Law (EU and ECHR) has an impact on the UK can be challenging. Before overcoming this obstacle it
is advised to acquire basic knowledge on the founding treaties and those currently in force. The sources of law and their effect will analyse, whether
the UK should remain a part of the European Union or not.
The end of WW2 resulted in the creation of an intergovernmental organization The United Nation, promoting Peace and Human Rights. In 1946, the
British Prime Minister Winston Churchill announced 'we must build a kind of United States of Europe'. Those actions undoubtedly sparked a new
sense of enthusiasm across Europe and demonstrates Britain 's influence on the community.
In 1948 Britain,France,Belgium, the Netherlands and Luxembourg creating a unified defence alliance after signing the Brussels Treaty and the UN
adopted the Universal Declaration of Human
Rights.
An unclear soviet strategy boosted the desire to strengthen military alliances and led towards the establishment of the North Atlantic Treaty
Organisation in 1949
The Council of Europe, was founded in 1949 to provide advice and promote legal standards, human rights, democratic development, the rule of law and
cultural co–operation.
Influenced by the UDHR the CoE drafted the European Convention on Human Rights in 1950 and advised on the creation of the European Court of
Human Rights.
The Treaty of Rome in 1957 established the European Economic

workplace moving and handling
Manual Handling in the Workplace for Healthcare Personnel– A Summary of Relevant Legislation and Guidance This article summarises key aspects
of legislation and guidance relevant to manual handling in the workplace for healthcare personnel. Introduction As with all other work based activities,
manual handling should be considered in respect of its health and safety implications for employees and other users of the work environment. In the
United Kingdom, manual handling in the workplace is subject to legislation, the implementation of which is addressed through a number of
Government bodies. In addition, guidance for healthcare practitioners is available from various professional bodies. Legislation There are five key
areas of... Show more content on Helpwriting.net ...
Such equipment must be maintained in good repair, initially and regularly inspected and records of inspections kept. Employers shall: ! ! ensure
that work equipment is used for operations for which, and under conditions for which it is suitable ensure that work equipment is maintained in an
efficient state, in efficient working order and in good repair Lifting Operation and Lifting Equipment Regulations (LOLER) 1998 These apply to
the use of lifting equipment in all sectors of industry and in all work activities. Lifting equipment for lifting clients must: ! prevent a person using
it being crushed, trapped or stuck or falling from the carrier.... and has suitable devices to prevent the risk of the carrier falling ! be such that a
person in any carrier is not thereby exposed to danger and can be freed ! fit for purpose ! be clearly marked with its safe working load and all
accessories marked in such a way as to identify the characteristics for their safe use Employers shall: ! ensure that lifting equipment is positioned or
installed in such a way as to reduce to as low as is reasonably practicable the risk of the equipment or the load striking a person or from the load,
drifting, falling freely or being released unintentionally and is otherwise safe ! ensure that every lifting operation involving equipment is properly
planned by a competent person and

The Union Of The European Union
European Union comprises of 28 member states. The emergence of the European Union resulted from the wish to stop conflicts among the warring
countries within the states which will not only bring about peace and safety but also economic growth and embossed living standards for all of its
peoples. European Union is based on the rule of law, individual human rights protection and a common European Union Citizenship. The aspirations
of the Union have increased far beyond the indigenous aims of a systematic market for goods and services and now includes customary foreign and
safety policy. In the meantime, it is noted that guiding concepts of the EU are set forth in the TEU (Treaty in the European Union). The Union is
established on the merits of respect for human eminence, freedom, elective government and fairness. These ethics are said to be usual in the member
states. The EU Council is made up of political representatives of the member states, each being a minister who is consented to execute to the regime of
their state. The committee meets in nine different layouts based on the conclusion as to the nature of these configurations taken by a qualified greater
part of council members. For example, if the matters being talked over is on education, then United Kingdom representative will be the Minister of
Education.
Since the inception of the EU, the European community has been the crucial part of the EU which has additional purposes. Every initiative and
determination of EU

Legal Context : European Union Law
Legal Context: European Union law Article 6(3) Treaty on European Union (TEU) states that, 'fundamental rights shall constitute general
principles of the Union's law'. Member States and EU institutions are obliged to act in accordance with the principle of equality, since it is
recognized as a fundamental right and is protected by the Union's law. For the Charter of Fundamental Human Rights, Article 6(1) TEU confirms
its legal status equal to any other EU Treaties. Therefore, obligation to comply with the Charter's objectives by Member States and EU institution
applies as well. Article 21 and 23 of the Charter enshrines equality between men and women for citizens of the Member States into EU law.
Therefore, purpose of the Directive 2004/113/EC in question , which is to prohibit discrimination based on sex, shall be observed. Member States'
positive obligation to take appropriate measures in accordance with EU Treaties and the Charter is set out under Article 4(3) TEU. Any derogation
from the Union's Law will not be justified and will be deemed inconsistent with the Treaty, unless the Treaty confers such power to Member States
expressly. The Directive in concern expressly allows derogation for Member States to decide on when situations will be deemed permissible. In some
occasions, EU Treaty confers upon Member States power to act unilaterally, however the discretion is limited. It can only be conferred upon expressly
by Article 4 TEU. Moreover, Member States are

The Subsidiarity Principal In The European Union

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