Investment law - The reinforcement of the control of foreign investments by the European Union
Essay - 4 pages - European law
How do the European Union's reinforced measures for controlling foreign investments, including the EU FDI (Foreign direct investment) Screening Regulation, national investment screening mechanisms, and increased scrutiny on state-owned enterprises, impact the attractiveness of the EU market...
The right to strike in Europe
Essay - 9 pages - European law
'A strike is the name given to a collective movement conducted at the initiative of all or part of the staff of a company, usually intended to compel employers to negotiate working conditions and pay (Law Dictionary). The right to strike presupposes that there is a contract of employment....
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
The application of the European Arrest Warrant in the United Kingdom and its use in the fight against terrorism.
Essay - 6 pages - European law
The European Arrest Warrant (EAW) is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.' The EAW is...
The Law Reform Committee Essay: Murder (Rethinking the Mandatory Life Sentence)
Essay - 5 pages - European law
Sir Edward Coke stated in the Third Part of his Institutes that "of all felonies, murder is the most heinous". As such, murder has always received the most severe punishment the law could give; a law of King Canute stated that Aberemord 'caedes manifestae' was punishable by death without...
Criminal law : consent
Essay - 4 pages - European law
In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to euthanasia, illustrated in...
"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Essay - 5 pages - European law
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
The role of the ECJ's (European Court of Justice) : the consumer who is reasonably well-informed and reasonably observant and circumspect
Essay - 14 pages - European law
The legal term of the “average consumer” was created by the European Court of Justice (ECJ) to protect the average consumer against unfair commercial practises. After the Second War World, many states were indeed inspired by Keynes's theory that aimed at division of resources and...
What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then, as a...
The European Union Court of Justice is more relevant for the advance of the EU political unity than the Commission and the Parliament' - Discuss
Essay - 4 pages - European law
The European Union's political role has been a big issue among the main theoriticians of the European Union. The place of the European Parliament and the Commission in the process toward political unity is obvious. The Commission, as the institution which has the power for an initiative, can...
Is the European Commission more or less powerful than it should be?
Essay - 4 pages - European law
The resignation en bloc of the Jacques Santer Commission, a few months ago, after charges of nepotism and mismanagement against some of its members, including Edith Cresson and Manuel Marín, has cast discredit on an institution that has already been much criticized in the past, portrayed as a...
The New Constitutionalism
Essay - 5 pages - European law
This essay is divided in two parts. In the first section, we will describe the influence of the European court of Justice on the evolution as observed by Weiler. In the latter half of the essay, we will try to view this theory from a critical bent of mind and relate this concept as an...
Critically evaluate the impact upon EC jurisprudence and legislation of the judgement of the European Court of Justice in REWE Zentral AG Bundesmonopolverwaltung fur Branntwein "Cassis de Dijon"
Essay - 7 pages - European law
Article 28 (ex-30) of the EC Treaty is one of the major principles governing the achievement in establishing the common market. It lays out a strong principle that imposes quantitative restrictions on imports and that all measures having equivalent effect will be prohibited between member states....
'The European Union Court of Justice is more relevant for the advance of the EU political unity than the Commission and the Parliament' - Discuss - publihed: 31/03/2006
Essay - 4 pages - European law
Its political role has being a big issue between the main theoricians of the European Union. The place of the European Parliament and the Commission in the process toward political unity is more obvious. The Commission, as the institution who has the power of initiative, can play a large role in...
Under which conditions can the European Parliament decide legislative outcomes?
Essay - 5 pages - European law
As any national parliament, the European Parliament's role is mainly a legislative one even if, as opposed to national assemblies, it does not possess the exclusivity of the power to establish and vote the law. The development of the power of the Parliament belongs to a logic of increasing...
The precautionary principle and its consequences upon the community legal order: gmos and bse
Essay - 28 pages - European law
Concentrating on the expression itself it is clear that the word "principle? implies a peculiar importance given to the "precaution?. It is to say that the principle of precaution is a principle of law, even if it is not clear how and where this scope has been given: some would say in Treaties,...
