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European Union Law - articles 25 and 90 of the EC Treaty.
... the non-discrimination between domestic and foreign products of the Member States.
In his situation, Member States adopted a protectionist attitude when they attempted to erect customs duties or charges with an equivalent effect, in order to make foreign goods more expensive ...
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European Union Law.
... of Procureur du Roi v Dassonville {case 8/74) [1974] ECR 837, the ECJ, based on Directive 70/50, introduced a definition of measures having equivalent effect to quantitative restrictions, known as the 'Dassonville Formula'. It stated that:
'All trading rules enacted by ...
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European Union Law.
... help to ensure "freedom and security" to all Members State.
Klaus and Astrid are describing as workers: "A worker is someone who performs services for and under the direction of another in return for remuneration during a certain period of time."2 ...
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european unoin
... on the EU law in order to enclose uniformity hence enabling everyone to integrate in a common market. The common market, aims to increase a balanced growth on an economic and social level in respect of each member state.
ECJ ...
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Examine the law making powers of the Community Institutions and the legal effects of Community laws.
... known as Directorates-general. The commissioners, while chosen by the member states, must remain independent and may not take instruction from any member government and must take a solemn vow as to this. The Treaties of Maastricht and Amsterdam have altered ...
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Explain the link between subsidiarity and federalism. What view of federalism would be consistent with the principle of subsidiarity?
... a federal Europe. The United Kingdom, under John Major where in particular concerned about this.
There are considerable questions about whether the British insistence on the inclusion of subsidiarity actually helped stop a form of federalism forcing a centralised processes in ...
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Explain the nature and legal effect of regulations, directives and decisions made by the council of ministers and the commission of European community.
... which is that it is binding on all the Member States and not specifically towards a named person or persons, so it is an abstract normative measure. As regulations own the directive application nature, they can automatically proceed into national ...
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FREE MOVEMENT OF GOODS WITHIN EU
... imports, exports or goods in transit between themselves.
However, although it has been nearly half century since the creation of the EC Treaty, its free movement of goods notion is still on the way of journey. It has not yet ...
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free movment of workers
... Regulation 1612/68 refers the right to take up an activity as an employed person.
The definition of Worker
European Court of Justice has placed a 'purposive' interpretation of a worker, as in Case 53/81 Levin; the ECJ attempted to lay down ...
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FSC's - Explain briefly the history of the dispute and what is it about.
... revenue is forgone and exports are taxed more favourably than production abroad. (www.iie.com) The US was then given until 1st November 2000 to withdraw the FSC scheme.
As a result on 15th November 2000, in an effort to comply with ...
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How can I be sure toys are safe?
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Some items however are not considered as toys for the purposes of this Directive, these include; slings and catapults, darts with metallic points, toy steam engines and fashion jewellery. No part of a toy may exceed 24 volts.
Kitemark: -, ...
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How far has the creation of a single market in goods resulted in the limitation of powers of community member states in the field of commercial activity?
... market, a market free of internal restriction on trade5. The philosophy behind the free market was that market forces compete in the world market increasing economic efficiency. This philosophy of included in its definition, products originating from third countries. This ...
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How Member States can derogate from the trading conditions governed by European Community (EC) rules, starting with a brief account of those rules.
... & 29 (ex Art. 30 & 34)4 prohibit Member States from imposing quantitative restrictions on imports and exports respectively. By Article 90 (ex Art. 95) the Treaty halts internal taxation of imports which would produce an equivalent effect to that ...
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Identification and effective use of international and EU sources, clarity of presentation of European policies and institutional contexts.
... Darlington, in England, was constructed in the first half of the 19th century. There is a basic principle of rail transport everywhere; this involves the transport of goods or passengers over iron rails, but Europe, there exist different gauge widths, ...
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Immigration Law in the United Kingdom: Advice to a client
... it is possible that she will be a partner rather than a salaried employee at Scrooge & Co, so Article 43 EC should also be considered. Coles suggests that Article 39 and 43 EC are 'mutually exclusive' and that 'in ...
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In advising Sophie as to what remedies she might have in community law, the areas of direct effect, indirect effect and state liability will be taken into consideration.
... by the European Communities Act 19721, by passing this act, community law became in terms of international law, and directly applicable meaning it became part of the British Internal legal System
"Any rights or obligations created by the treaty are to ...
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Is there sufficient democratic accountability in the EC legislative process?
... of that Member State'I
Ways in which it would appear that there is insufficient democratic accountability
It is frequently argued that there is insufficient democratic accountability in the legislative process, often referred to as a 'democratic deficit'. The Commission is unelected ...
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Judicial Activism
... of Luxembourg and blessed with benign neglect by the powers that be and the mass media'5. The European Court therefore met with little criticism even after giving a number of its most radical case law.
'Judicial activism' is when courts ...
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Justice (ECJ) said that " The member states have limited their sovereign rights, and have thus created a body of law which binds both their nationals and themselves".
... available under state liability. Directives are problematic as they are not complete legal instruments but are left to member states to implement within a time limit. So they do not create individual rights. The fictitious directive 109/01 in the question ...
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Law with respect to the importing of Citizen Band CB radios.
... effects they have.
Since the entry into force of the EC Treaty, one of the main aims of completing the internal market has been the abolition of quantitative restrictions and the measures having equivalent effect which constitute barriers to trade within ...
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Legal Method Examination
... brought forward for a preliminary ruling. In English courts, the judgment differs in that the full facts of the case are stated followed by the reasoning of the previous courts and the relevant case law. The judges then take turns ...
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One of the primary goals in the EC treaty, found in Articles 2 and 3, is the creation of a common market and the integration and harmonisation of Member State’s rules on the free movement of goods and services.
... could move towards greater use of minimum harmonisation to harmonise Member State rules which resulted in continuing trade barriers3.
In 2004 the European Commission published a proposal for a Services Directive4. The proposals are part of the Lisbon ...
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Predatory pricing strategies in the European union: A case for legal reform.
... of such incorporation? And, in any case, may such differences be properly reconciled with this proposal?
This article suggests that an adoption of the American conclusions on predatory pricing issues may indeed be successful. To prove the truth of the ...
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Reform of the ultra vires rule: A personal view.
... power to bind a company in transactions with third parties. These powers, which are conferred upon the directors collectively, while acting as a body, are subject to a double limitation. First, the directors may not act outside the objects of ...
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The amanded Television without frontiers directive
... why European Institutions decided to set it up. Later on, I will explain how the European Union set up the directive and more generally the whole audio-visual and broadcasting policy dealing with its opponents and the different debates it implied. ...