Company law problem questions portfolio: Various questions and answers
Thesis - 14 pages - European law
The factual scenario raises issues regarding enforceability of contract and in order to advise the parties, it will be necessary to evaluate the company law requirements regarding authority. With regard to the property purchase, the issue arises as to whether this forms part of the Fresher...
How far, if at all, does it matter that the United Kingdom does not have a written constitution?
Thesis - 2 pages - European law
Today, the majority of states have written constitutions—it is generally seen as a prerequisite for any new state. They arise due to political events, such as in 1793 consequent to the French Revolution. In a state with a written constitution, one document becomes the supreme authority in...
Murder: Rethinking the mandatory life sentence
Thesis - 6 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...
Constitutional and administrative law: The concept of the Rule of Law as defined by Dicey
Thesis - 5 pages - European law
“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.” Explain what is meant by the concept of the rule of law. To what extent is the statement above...
To what extent is the criminal justice system consistent with article 6 of the European convention on human rights?
Thesis - 6 pages - European law
At the heart of any legal system is the criminal justice system and it is a paramount that the system is fair in order to be effective—this is ensured through a fair trial, without which, the whole system would be illegitimate. We only have to look to the political ‘show trials' of the...
Implementation of European Law in a federal state: The Belgian case between coherence and autonomy
Case study - 9 pages - European law
‘Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the European Commission in its White Paper on Governance deals with the...
The main differences between the civil and the common law systems
Thesis - 5 pages - European law
The majority of legal authors divide the legal systems in the world into two mains groups : the common law on the 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...
Principles and practices of consumer's protection within the European Union
Thesis - 19 pages - European law
The European Union aims at protecting the health, safety and economic well-being of its citizens. It promotes their rights to information, helps them safeguard their interests and encourages them to set up consumer associations. Consumer policy is designed to improve the quality of life of all...
CASE No COMP/M.3099 : Areva / Urenco / ETC JV
Law case - 12 pages - European law
In its decision of the 6th October 2004, the European Commission has assessed the compatibility with the common market of the concentration of two firms from the nuclear industry sector, following the procedure laid down in the merger regulation. This concentration was proposed by the French...
What are the challenges facing the EU in its attempts to establish democratic institutional structures ?
Thesis - 7 pages - European law
“It is time to recognise that the Union has moved from a diplomatic to a democratic process, with policies that reach deep into national societies and daily life” . This statement by the European Commission subsumes ten years of political and academic on-going debate on the...
'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...
Theory of direct effect
Thesis - 8 pages - European law
Born into the International order, the European Community law can touch people only through the juridical order of its Member State. Therefore arises the question about the relationship between EC law and domestic law. The EC law concerns much more directly individuals than the international law....
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,...
