The Constitutionalisation Of The Treaties By The European...

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
12â€¦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',
... Get more on HelpWriting.net ...

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

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 €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 €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 €2500.
The

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

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 a direct 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 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

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 improve computer 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

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

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 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

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

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

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 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

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

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, Szydło 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

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

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 ... Show more content on Helpwriting.net ...
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 £20 Million for a project worth only

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 of Direct 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

Jacqueline Förster Case Entitlement
Case Note Case C–158/07 Jacqueline Förster v Hoofddirectie van de Informatie Beheer Groep
Förster Judgment Facts of the case The Förster judgment concerns the legal dispute between the
student Jacqueline Förster and the Executive Board of the IB–Groep. Förster 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 Förster repay the excess sums. Ms. Förster brought an action before Alkmaar District
Court. That action was held to be unfounded on two grounds. First, Ms. Förster could no longer be
regarded as a worker since she had not had any real and genuine employment during that time
period. Second, Ms. Förster could not claim entitlement to a maintenance grant because she had not
been integrated into Dutch society. Ms. Förster 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

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 José 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

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

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 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

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 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

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 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 Council Directive 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

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 £2,400 up until May 2015, as their current medical
expenses per month are £200 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

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

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 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

Legal Environment of Business
[pic]
BАBS
Legal environment of business
Home Assignment
Seminar leader: Margit Racz
Student name: Nurlаn S. Kurmаlаyеv
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

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 the Constitution (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

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

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 Constitutionalisation Of The Treaties By The European...

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