C/L/287. Questions on Constitutional Europe 

This paper examines whether European law should have direct effect on all of the EU Member States considering EU law principles within the context of two scenarios and discussing the remedies that are available to the individuals and institutions involved where these principles fail to be applied. Advice is given to the respective parties.  

C/L/144. Advise Gordon and Arnold as regards their possible rights and remedies under EC law.

This assignment is a problem question and addresses issues relation to Directives and direct and indirect effect of EC law. It discusses some of the key cases in this area and sets out the difference between horizontal and vertical effect of directives

C/L/139. Directives, preliminary ruling and free movement of persons

This assignment is a problem question and addresses issues arising in relation to preliminary rulings in the EC, Directives & Regulations and Direct Effect. This assignment also deals with the free movement of persons and workers and the various problems that can arise when a national from one member state makes the decision to work in another member state.

E/L/45. Austrian cuckoo clocks: problems of export

The paper looks at the tradition of the cuckoo clock manufacturing in Austria focusing on the problem of the new technical standards imposed by the European Commission and offering legal advice on the export of clocks from Austria.

E/L/42. Effectiveness of EC Law Ï Contribution of Direct Effect and State Liability

The paper examines the principles of direct effect and state liability in EC law related to seeking remedies for breaches of the European Community law in national courts. Risks of undermining the effectiveness of EC law are highlighted; legal cases related to the problem are reviewed.

S/L/95. Critically assess how the art.234 procedure operates and critically examine the application of the acte clair doctrine

Through the use of both case and statutory law, this paper systematically discusses and critically asses the art.234 procedure which acts as a mechanism by which national courts may apply to the European Court of Justice when there arises uncertainty regarding the interpretation or validity of Acts of Community Institutions. The paper further explores and evaluates the acte clair doctrine which is initiated when courts of last resort are relieved from their obligation to refer a question to the European Court of Justice.

E/L/16. Car safety issues

The paper addresses the issues of car safety examining the European New Car Assessment Program (EuroNCAP), namely, their star rating system, safety test procedures, the European statutory type approval test, etc.

C/L/111. Selective Enforcement of EU Law by the Commission under Articles 226 and 228 EC

This essay looks at the way in which the Commission is empowered to enforce Community law under Articles 226 and 228. It looks at some of the issues raised by the concept of selective enforcement, and criticizes the discretion that the Commission has in deciding when to enforce EU law. It also looks at the criteria that the Commission uses when deciding whether or not to initiate enforcement proceedings and concludes that concrete legislation and not soft law is needed in this area.

C/L/109. Article 53(a) European Patent Convention, Intellectual Property; Human Rights and Culture

This examination considers the policing of Intellectual Property and Inventions on a moral and cultural basis. It discusses the ethical and cultural dimensions of Article 53(a). The protection of culture, human rights and future generations and the advancement of technology. It considers two case studies Ï privacy and culture initially to expound the problem of cultural difference and human rights. Finally, the EPC discussion illustrates that there is more on line than individual human rights, when considering IP because some aspects of inventions will have profound effects on future generations.

P/L/154. Issues of legislation in European Community

The paper examines the law making process within the European Community discussing the European Court of Justice, the principles of identifying the legal basis of a measure, and the issues of passing secondary legislation with regard to the internal market.

S/L/80. The Effectiveness of EC Law È Contribution of Direct Effect and State Liability

This essay examines the contribution of the principles of direct effect and state liability to European Union law. An in depth analysis of case law contribution has been made to show how case law has increased supremacy and effectiveness of European union law. Principles and guidelines from the case law of Van Gend en Loos, Van Duyn, Von Colson, Francovich, Factortame and Brasserie de Pecheur have been analysed to determine the effectiveness of EC Law.

C/L/100. Standing under Article 230 EC

This paper looks at the standing that privileged, quasi-privileged and non-privileged applicants have before the ECJ under Article 230.

C/L/98. European Union Law: Direct effect, Preliminary rulings and Judicial Review

This paper comprises three problem questions (scenarios) dealing with constitutional law of the European Union. The first question looks at whether private individuals can enforce rights granted under an unimplemented directive, through the principle of direct effect, and whether compensation is available from the government under Francovich. The second question examines whether a tribunal has an obligation to refer a question on the interpretation of a directive under Article 234 to the European Court of Justice. The third question concerns the grounds on which member states, the European Central Bank and private individuals can seek judicial review of a regulation under Article 230.

P/L/117. European Commission against Microsoft

The paper examines the implications of the decision against Microsoft by the European Commission reviewing the EC Competition Law, particularly Art. 82 EC, previous Microsoft cases in the US, criteria of a potential abuse, namely a breach of law, the EU official position on the Microsoft case, the concept of fair competition in the New Economy, etc.

S/L/68. The liability of member states under horizontal direct effect

The aim of this paper is to examine the extent to which member states will be financially liable if they acknowledge the existence of horizontal direct effect of EU directives. This issue is analysed with particular reference to the arguments for and against horizontal direct effect and alternative cause of action against member states under the Francovich case.

P/L/73. Legislation in EC common market: competition law

The paper looks at the legislative mechanisms operating in the Common Market of the European Community (EC). The role the European Commission in both, enforcing the competition policy and regulating competition is discussed. Economic reasons for developing European competition law and the objectives of the EC competition policy are outlined.

P/L/72. Constitution for European Union

The paper looks the problems related to the process of establishing the Constitution for the European Union (EU). The history of developing common commercial policy within the Community is reviewed; major treaties, agreements and regulations are outlined; their significance for the international trade policy is highlighted. The provisions of the draft Constitution are discussed.

C/L/54. Discuss and analyse the conditions for the trade mark protection within the EC law.

In this essay the author discusses the decisions of the case law in relation to interpretation of the Council Directive 89/104 to approximate the laws of the Member States relating to trade marks and Council regulation 40/94 on the Community trade mark. The work starts by outlining the basic rights and doctrines that had been developed in relation to trade mark law within the EC Treaty. The discussion then moves to the already mentioned Regulation and Directive. Through out the essay it is shown that first of all it is very difficult to have a sign that will amount to trade mark and hence will be able to be registered as such; and secondly that the Courts in delivering their judgements, have created a significant amount of uncertainties and unclarities in the area of trade marks.

C/L/45. Article 10, Factortame and review of legality under Article 230 of the EC Treaty

This essay consists of three short answers to the hypothetical questions, which require discussion of Article 10 of the EC Treaty and national court remedies under the ruling in cases of Francovich and Factortame III. it is also required to examine the grounds on which the body, that has standing under Article 230 EC Treaty, can rely on inn order to bring an action to the ECJ against Community institutions. During the course of the essay, difference between a Regulation and a Directive as well as enforcement actions against the Member States by an individual under Article 226 EC Treaty, are also mentioned.

C/L/39. Methods that were developed by the ECJ make sure that national courts give proper effect to the EU law and exceptions to the provisions of Article 39 of the Treaty under Directive 64/222 on Public policy, Security and Health.

This work provides and answers to two separate questions; one concerning the principles that the ECJ has developed in the case law, to ensure that the national courts of the Member States give adequate effect to the Community law. The author mainly concentrates on such development in the area of remedies and what principles had the ECJ developed for the Member States to follow when remedying Community law. The second answer is an application of exception under Directive 64/222 to the problem question. It considers the case law and the relevant articles of the directive so as to answer the question whether Member State will be able to justify deportation of the person on the particular grounds. Some aspects and rights of the persons in relation to freedom of movement such as rights of the student are also covered.

P/L/68. Legislation in Northern Ireland

The paper looks into the recent political history of Northern Ireland seeking to account for the existing legislation, namely for the need of enacting a Bill of Rights. The objectives and the constitutional status of a bill of rights are outlined; the implications of European Commission for Human Rights (E.C.H.R.) in the UK are discussed. Arguments against and in favour or a Bill of Rights are reviewed.

P/L/63. Reasons behind trade restrictions within European Community

The paper touches upon the problem of trade restrictions existing between the member states of the European Community (EC). The demands for a single internal market are outlined focusing on the legal aspects of the right of free circulation of products and prohibitions of imports. Examples are given to illustrate the implementation of the Treaty provisions related to the marketing of goods within EC.

C/L/27. ADVICE ON EU COMPETITION LAW TO BRISTOL CHEMICALS LIMITED

This assignment is a problem question focusing on EU competition law, in particular, Article 82 of the EC Treaty, which deals with abuse of dominant position within the Common Market. The assignment is divided into three main parts. Firstly, it is an analysis of the legal requirements of Article 82. Secondly, the factors the European Court Of Justice have taken into account when determining requirements such as "relevant market", "dominant position" and "abuse". Thirdly, the procedural requirements of making a complaint to the European Commission along with a brief analysis of the penalties the European Commission can impose in the event that it finds an undertaking to have infringed Article 82.

C/L/25. EU Law: Protection of Fundamental Rights

The purpose of this paper is to examine the commitment of the EU to the protection of fundamental rights within the EC. The protection of fundamental rights within the Community has not always been a pressing matter for the EU. This is because of the overriding emphasis on economic objectives at the inception of the EEC. However the attitude of the EU has since changed. A most notable reason for this change include the need to create some form of social rights policy to safeguard the rights of workers within the EU following the success of the EU's common market and economic agenda.

C/L/22. The Human Rights Act 1998 and European Convention on Human Rights and Fundamental Freedoms. Problem question concerning fictitious Dangerous Sex Offenders Act 2004.

The answer to this hypothetical addresses the rights of the person in question under articles of the Human Rights Act 1998; whether he will be able to have his case heard in the European Court of Human Rights and whether he will be able to succeed, with explanation as to why this might be so. The answer also addresses the wider social implications of the problem in question and the impact of the European Court of Human Rights decision, should it rule in favor of the person in question.

C/L/21. Critically analyse the Commissions decision in of 20.03.2004 relating to a proceedings under Article 82 of the EC Treaty (Case COMP/C-3/37.792 Microsoft)

The essay analyses provisions of Art. 82 in general, supported by the relevant case law. It outlines how the courts interpret the wording of Art. 82, to ensure the aim of the common competition policy and trade is achieved as best possible. Having outlined all the major decisions and all the relevant principles that had been established in relation to Art.82, the analysis concentrates on the decision in the case of Microsoft. Providing criticisms that arose as a result of the Commissions decision and evaluating wider implications of the decision should it be upheld by the Court of First Instance.

S/L/34. Sexual Harassment

This essay argues that women in the workplace are not protected adequately by European law and there is no specific protection against sexual harassment. It discusses the different concepts of sex equality in the work place and looks at the European legislation governing equal pay and pregnancy regulations. It compares these with the inadequacy of sexual harassment legislation, highlighting the general problems raised in the legislation enforced to date and welcoming proposed future legislation.

S/L/25. The right of residence: the fundamental right for workers and their families

Daniel, a British citizen, works 12 hours per week in Italy as a fashion designer, and lives together with his wife, Pamela and his daughter, Sophie (aged 22). Being told that he is a part-time worker whose earnings are insufficient enough to support himself and his family financially, He and his family failed in their attempt to apply for residence permits in Italy. Does Italian authority has the legal power to reject their application? I will argue this decision is unlawful, the local authority does not have the legal power to refuse Daniel and his familyœs application. Instead, with the rights granted by Article 39 EC, workers have the right to „moveŽ and „stayŽ freely within Member States, derived from it, more exactly provided by the secondary legislation Directive 68/360, Member States shall „abolish restrictionsŽ on the „movement and residenceŽ of nationals and „their familiesŽ, the Regulation 1612/68 EEC provides detailed rights of family members, more importantly, the EC case law has interpreted these provisions broadly to the extension of „part-time workerŽ who can not provide sufficient means of support. Therefore, Daniel and his family therefore can successfully stay although Daniel is a „part-time workerŽ. In the following text, I will explain individually why they are legally qualified to get the residence permit in Italy, simultaneously, give the detailed legal instruments which Daniel and his family can use to defend their rights. To be more concentrated, I will focus on Danielœs situation, especially on his status as a legally defined „part-time workerŽ whom should be treated as a national, since his status is the most important factor in this case, extended rights like familyœs rights can be seen as „parasiticŽ rights.

C/L/17. Discuss if it is accurate to describe "commission to be orginised in the pattern of a government". K.P.E. Lasok Law and Institutions of the European Union (2001) at 235

This paper provides a discussion of the roles, functions, powers, composition, appointment and duties of the Commission of the European Union as stipulated by Articles 211 to 219 of The EC Treaty.

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