StudentShare solutions
Triangle menu

European Union Law Master - Essay Example

Extract of sample
European Union Law Master

For example, EU law provides that no Council decision can be binding and executory unless it was voted by two-thirds of the Council membership. This paper discusses the conflicts often engendered by acts of the Council that have not been introduced into the national laws of member states, as well as the integrity and applicability of its decisions. In so doing, the paper presents two case scenarios involving consumer welfare and fair trade promotion as embodied in acts of the Council that run into controversy.
The European Council, seeking to bolster consumer protection laws in member states, adopted a directive on May 1, 2005 granting consumers the right to cancel any mail-order purchase of goods or services if done within 15 days of placement. Within seven days upon receipt of such notice, the supplier shall make a full refund of the contract price to the consumer, minus a reasonable amount for administrative and handling costs. EU member states were enjoined to implement the directive by May 1, 2007, but UK dragged its feet on the measure and was yet to incorporate this Directive into its national laws until July 5, 2007. On this exact date, Brighton businesswoman Christina ordered a new computer system from Avalon Computers Ltd., a mail-order firm in Reading specializing in computer equipment for professional graphics design. After making the full payment of 3,000 pounds, the equipment was delivered to Christina's shop a few days later. A day after delivery, however, Christina lost her American clients who had specified new designs that required the new computer system. Without these clients, the equipment was hardly needed by Christina's design studio so she faxed Avalon for a return of the computer, which was still crated and untouched. Avalon denied the request, indicating that there is a UK law allowing the no-return policy on the purchase of goods.


Problem Question:

If asked to prepare a brief on Christina's problem, how would you help her obtain a refund In the event a UK court declines to hear the case, where else could she go for redress Would the complexion of the case be different if the directive were a regulation instead


Answer:

In 6/64 Costa v ENEL (1964) ECR 585, the ECJ observed that the "Treaty has created it own legal system, which becomes part of the legal system of each member state and which their courts are bound to apply." This fulfills the direct effect principle in EU law, which means that the Council directive applies to Avalon although is yet to be implemented in UK. The new EU Constitution says that the EC law, whether of general or specific application, must prevail over any national law and that even in cases of conflict, the national law must be adjusted to conform to the EC law (Craig & De Burca, 20003). The implications are that coverage of EC law does not distinguish between direct and indirect effects in regard to individual European citizens, such that they can avail of the EC law's provisions to complain against any violation. The same ruling was laid down in Marleasing SA v La Comercial Internacional: "In applying national ...Show more

Summary

One of the main institutions that carry out the tasks of EU is the European Council, which is supposed to act within the limits of the powers conferred upon it by the EC Treaty. The Council, whose influence was expanded following the 1991 Chernobyl incident1, is empowered to promulgate secondary legislation in the form of regulations, directives and decisions…
Author : gloverjosefa
European Union Law Master Essay essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"European Union Law Master Essay"
with a personal 20% discount.
Grab the best paper

Related Essays

European Union Law
Moreover, it is an economic and political union of 27 European countries (Oxford Dictionary of English, 2008) and it operates though a fusion of “supranational” independent institutions and intergovernmental decisions negotiated among its members (Anneli, 2005, p.205).
9 pages (2250 words) Essay
European Union Law
The EU constantly underscores commitment to establishing a cosmopolitan European identity.1 Depending on the source, there are about 12-15 million Muslims living within the member states of the European Union and this number is anticipated to rise to 23 million by the year 2015.
12 pages (3000 words) Essay
European Union Law structure
Sionaidh Douglas-Scott also said that "the ... concept of federalism does not feel quite right as an explanation of the EU which. ... is too sui generis, too complex, too multidimensional to fit into any such categorization". In the following essay, we will try to discuss and analyze these statements with reference to Treaties, case law of the European Court of Justice and contemporary political and academic opinion, in order to understand how the European Union is organized.
7 pages (1750 words) Essay
The European Union Master Essay
This has been an evolutionary process. Finally, in 1992 the Treaty of Maastricht (Beginnings) was signed which gave birth to a new form of shared governance and a cooperative spirit amongst the European community. The European Union (EU) was born. Since the moment of its inception it has never looked back and is now struggling to further define its role through introduction of a union wide constitution which would shift its perceived power from that of a treatise entity to that as an autonomous sovereign body.
7 pages (1750 words) Essay
European Union Law College Essay
Article 46(1) states that the provisions of the chapter and measures1 taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy, public security or public health.
6 pages (1500 words) Essay
European Union Law discussion
However, this discontentment of the voters towards a Constitution shall not wipe out the progressive efforts that the European Union made to promote equality between human beings throughout the years. In 1993, the twelve members agreed in Copenhagen2 on values that each state should respect: Democracy, State of Rights, Human Rights, and Market Economy.
6 pages (1500 words) Essay
European Union Law Essay
The main institutions that carry out these tasks are the European Parliament, European Council, European Commission, European Court of Justice and the European Court of Auditors, each of which acts within the limits of the powers conferred upon it by the EC Treaty.
10 pages (2500 words) Essay
European Union Law Bachelor Essay
Indeed, in some cases behaviour may display characteristics of both and it may be possible to categorize it as an agreement or, in the alternative, as concerted practices." For years, television has been more than just an object of entertainment for us. It is not only an upgradeable property, but it has been one of the greatest influences of our lives.
8 pages (2000 words) Essay
European Union Master Essay
The knock-on-effect-changing model will likewise be utilized in this realm. Likewise, literatures on the concept of labor and employment will be used, alongside those pertaining to migration, low pay, and shortage of employees. The labor market dynamics model will be discussed in synergy to these.
14 pages (3500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation