European Court Essays

  • Roles of the European Court of Justice

    2181 Words  | 5 Pages

    Roles of the European Court of Justice ‘The European Court of Justice played a decisive role in the transformation of the European legal system by declaring the direct effect and supremacy of European Law. But the linchpins of the European legal system are the national courts of the member states

  • The Constitutionalisation of the Treaties by the European Court of Justice

    3089 Words  | 7 Pages

    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

  • European Court of Justice decision on Marshall case

    678 Words  | 2 Pages

    may not rely in an action against an individual, it should be noted that according to Article 189 of the EEC Treaty, the obligatory structure of a directive that includes the ground for the probability of relying on the directive before municipal court, exists only in alliance to ‘each member state to which it is addressed’. Directive on its own may not be able to establish obligations on an individual and a provision of a directive cannot be relied upon against a person. A number of reasons have

  • Can the European Court of Human Rights continue to play a meaningful role in the protection and development of human rights across the full range ...

    1152 Words  | 3 Pages

    highlighted. Let us start with a more general debate about both nature and purpose of the European human rights system: As the overload of applications still poses one of the main problems a mechanism was introduced in order to avoid the so far established case-by-case approach and instead let pilot judgments handle repetitive cases, thus conceiving of the Court as a constitutional court. In doing so the Court avoids the backlog of thousands of cases which can actually all be traced back to one and

  • Employment: The Justification of Unequal Pay

    1890 Words  | 4 Pages

    provide justification of a difference in pay if it is due to a length of service. However, the recent decisions in Cadman and Wilson changed this, and the Court of Appeal held that employers may be required to justify the use of a length of service criterion “as well as its adoption in the first place”. Article 141 of the EC Treaty, requires each European Union member state to ensure that both sexes receive equal pay for equal work. Article 141, implemented in Great Britain by the Equal Pay Act (EPA) 1970

  • Judicial Precedent

    1344 Words  | 3 Pages

    doctrine of precedent. (11) B) What are the advantages and disadvantages of the doctrine of precedent? (14) A) The doctrine of judicial precedent is at the heart of the common law system of rights and duties. The courts are bound (within limits) by prior decisions of superior courts. One level includes stare decisis, this means to stand by what has been previously decided in a previous case and that this decision should be kept to and that you should in no way try to unsettle the established

  • Priest's Tale

    1004 Words  | 3 Pages

    a beast. Deeply troubled, he seeks the consolation of other wise barn animals and his favorite wife, Pertelote. Being a beast fable, the Nun’s Priest mocks the Court World by lowering nobles to the level of animals to be mocked. As this fable displays that animals act like humans is to also imply that humans, namely people of the court, act like animals. Using the technique of a mock-heroic tale, the Nun’s Priest takes a trivial event and elevates it to a climatic story in an almost comic way. When

  • A Court Of Thorns And Roses Analysis

    846 Words  | 2 Pages

    A Court of Words and Themes All books are written to be read, unlike essays written for school however, published books do not have a guarantee of being read through by an audience like essays are read by a teacher. These books instead must be put out to the general public, who will either tear a book apart, or praise it into legend. One book that I, at least, would elevate to the highest level is A Court of Thorns and Roses by Sarah J. Maas. Filled with joy and sadness, and everything in between

  • Judges' Need to Follow Previous Precedent

    600 Words  | 2 Pages

    Judges' Need to Follow Previous Precedent The lower courts are bound by the House of Lords so they have to apply their rules as if they were applying a statute. It was decided after the case 'London street tramways v London county council (1898)' that the House of Lords would be bound by its own previous decisions. This was a case during the nineteenth century, during the Victorian times when it was important to be consistent and certain. However during the twentieth century both society

  • The European Union

    5913 Words  | 12 Pages


  • The European Union

    938 Words  | 2 Pages

    The European Union is a supranational government body that is, by definition, changing the traditional role of the nation state and sovereignty in Europe. This Union was formed voluntarily by states with similar goals and is unique in its conception and design to the European continent. Although The EU (European Union) is strengthening Europe economically and politically the states that form it have surrendered considerable amounts of their national sovereignty. The meaning of sovereignty has evolved

  • Intel Corporation Case Study

    948 Words  | 2 Pages

    13 May, 2009 - European Union fines Intel Corporation a record €1.06bn fine for violating Competition Law. EU Antitrust Commission imposes fine for violating European Community Treaty antitrust rules by an abuse of dominant position through illegal practices, excluding competitors from a market for computer chips called x86 central processing units (CPUs) (1). Intel Corp. refused playing guilty and asked judges to overturn the antitrust fine, arguing that EU failed to use mitigating evidence and

  • Human Rights in the European Union

    5067 Words  | 11 Pages

    journey. The sectoral approach of the Paris Treaty establishing the European Coal and Steel Community (ECSC) in 1951 had an economic and functional intention, lacking a declaration of fundamental rights, as seen in national constitutions. It was not until the 2000 Nice Summit that the European Union first established a written charter, the EU Charter of Fundamental Rights, explicitly stating and guaranteeing human rights in the European Union. Documented EU human rights policy before 2000 can be seen

  • The Past, Present, and Future of India

    3802 Words  | 8 Pages

    Advent of the Europeans Vasco da Gama landed at Calicut, sailing via the Cape of Good Hope in 1498. This marked the beginning of the European era in Indian history. The lucrative trade in spices of Malabar - in modern Kerala - had tempted the Portuguese and inspired the search for a sea route to the Indies. The Portuguese had already established their colony in Goa by the first decade of the 16th Century but their territorial and commercial hold in India remained rather limited. In the

  • Ratio Decidendi And Obiter Dictum Case Study

    870 Words  | 2 Pages

    The decisions made by the courts contain two types of branches: ‘ratio decidendi’ and ‘obiter dictum’. Ratio decidendi is based upon the fact that a judgement comes for applying the facts to law and thus the reason for the decision handed down, which is now binding on all inferior courts. Obiter dictums are statements made ‘by the way’, as such they are not binding. Nevertheless, it has been criticised that some judges have taken upon themselves in making law. Subsequently, questioning the separation

  • 1450-1750 Eastern Asian Relations With Europe

    787 Words  | 2 Pages

    five. Japan, at first, let the newcomers in and learned about them, and let them learn a little from them. However, they didn't have very good experiences, like as portrayed in document twelve, the Japanese thought of the Europeans as arrogant and full of themselves, and the Europeans, like Will Adams in document fourteen, didn't like what the Japanese did, in holding them there when they wanted to leave, and the way they treated the women as completely there just to serve and help the men, as was mentioned

  • Heart of Darkness as Social Protest

    999 Words  | 2 Pages

    disturbing portrayal of man's surrender to his carnal nature when all external trappings of "civilization" are removed.  This novel excellently portrays the shameful ways in which the Europeans exploited the Africans: physically, socially, economically, and spiritually. Throughout the nineteenth century, Europeans treated their African counterparts savagely.  They were beaten, driven from their homes, and enslaved.  Heart of Darkness is no exception.  In the first section of the novel, Marlow

  • Savagery in Heart of Darkness and Apocalypse Now

    809 Words  | 2 Pages

    Scientists of the nineteenth century speculated that humans were on an evolutionary scale that ran from savage to civilized.  The Europeans were considered to be at the highest point yet achieved by humanity -- the civilized.   Peoples and races not yet encountered by the Europeans were placed  further down the list, and were referred to as savages.  Although the Europeans believed they had reached the height of civilization, remnants remained of their own savagery.  Throughout the novel Heart of

  • Deforestation Resulting from European Shipbuilding

    1107 Words  | 3 Pages

    Deforestation Resulting from European Shipbuilding Historical texts have documented the countless technologies, ideas, diseases, plants and animals the European ships delivered around the world during the Age of Exploration. However, these texts fail to include one key cargo item: deforestation. European shipbuilding triggered an epidemic of forest depletion that gradually spread to the lands they encountered. Beginning in the early fourteenth century, wood fueled the increased production of

  • Populating the New World

    2460 Words  | 5 Pages

    Populating the New World Upon the arrival of the first European explorers to the "New World," they encountered what they believed to be primitive savages. These creatures that ran about in the shape of humans showed no aspect of humanity and aroused wonder and curiosity on the part of the Europeans. When the Europeans travelled further into the heart of the land and saw the buildings of the Maya, Inca, Aztec and other ancient Indian nations, they were unable to attribute these massive structures