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(2008, 1200 words)
The paper examines the provisions of the EC Treaty used to pursue infringements of the EU Law by the Member States (MS) focusing on Article 226 and applying it to the case studies of the MS failures to implement EU directives.
(2007, 4000 words)
The paper examines the impacts of integration on the development of the European Union (EU) reviewing the history of the EU establishment, analysing the concepts of federalism, neo-functionalism, intragovernmantalism, supranationalism, etc. The legislation of the EU is discussed including the draft European Union Treaty (EUT), the Treaty of the European Union (TEU), etc.
(2007, 5400 words)
The EU is based on four freedoms which are freedom of goods, freedom of workers, freedom of establishment and freedom of services. These freedoms ensure that the market is open and deregulated in order to promote competition. The paper considers how these four freedoms have possibly led to the belief that the race to the bottom is necessary for an open market. The conflict of laws is reviewed arguing whether the recent case law within the EU law is limiting the choice of laws for domestic systems and the introduction of regulations on areas such as labour law and social protection.
(2007, 1500 words)
"The sovereignty of Parliament and the supremacy of the law of the land – the two principles which pervade the whole of the English constitution – may appear to stand in opposition to each other, or to be at best only counterbalancing forces. But this appearance is delusive; the sovereignty of parliament, as contrasted with other forms of sovereign power, favours the supremacy of law, whilst the predominance of rigid legality throughout our institutions evokes the exercise, and thus increases the authority, of Parliamentary sovereignty, " AV Dicey, "An Introduction to the study of the Law of the constitution" 10th edition, London Macmillan, 1967, (p.406). This was Dicey's opinion 120 years ago. What is the situation today as regards the relation between "the two pervasive principles of the constitution", Parliamentary sovereignty and the rule of law (or supremacy of law)? The paper examines the principles of the British constitution discussing parliamentary sovereignty in law making and arguing whether it is limited by the European Court of Justice, the Human Rights Act, etc. The ideas of A.V. Dicey on the law of the constitution are reviewed.
(2007, 2500 words)
This essay looks at the fundamental issues of the EC constitution. Its format follows three specific questions which relate to direct effect and the ability of non-privileged applicants to challenge Community law under Article 230 EC. It also deals in detail with the direct effect of Directives.
(2007, 2800 words)
The theme of this paper turns on the construction of article 5 of the European Convention of Human Rights by the court in Strasbourg, as it relates to the application to Terrorists. It finds that a low standard is asked of governments in relation to terrorist detainees, at is in the public interest. However, the court would find against the government where it finds that breaches are particularly grievous. However, the court has considerable deference for government's counter-terrorism policies, as the court sees itself as ill-equipped to decide on facts which it may not be fully privy too. Incidental to this is the allowance of the court for governments to derogate from article 5, by virtue of article 15, where the situation so demands. The paper concludes by asserting that to differentiate between a law abiding society against an Alsatia, is not to suspend the law, but to do justice upon the wrongdoer, whoever he may be, and whatever he may have done, no matter how heinous or reprehensible.
(2007, 2500 words)
This assignment considers various problems in relation to the free movement of goods. It considers Articles 23-25 and Article 90. It also considers Articles 28 -30. These Articles are considered in problem questions and in various different scenarios.
(2006, 2000 words)
The paper examines the history of developing the European Constitution (EC) providing definitions of a Constitution, the background and structure of the European Constitution, etc. The main provisions of EC are analysed.
(2006, 6500 words)
The paper examines the legislation of the EU related to fundamental rights offering a study of the development of human rights policy from the European Community Treaties to the Draft Constitution for Europe. The Charter of Fundamental Rights of the Union is discussed; the binding function of the Community law principles for EU member states is argued; cases related to the application of Community fundamental rights are reviewed.
(2006, 6500 words)
The paper examines the concept of the free movement of goods addressing the issues of a single market within the European Community (EC). Primary and secondary legislation behind the Treaty on European Union is described; cases related to the free movement of goods are reviewed.
(2006, 7000 words)
The paper examines the development, implementation and application of Article 82 (ex. Article 86) of the EC Treaty on the abuse of a dominant position within the common market. The history and the contents of the Article are reviewed; the principle of dominant position is discussed touching on the refusal to supply a customer, price discrimination, intellectual property rights, mergers and acquisitions, etc.
(2005, 2000 words)
The paper examines the relations between Turkey and the European Union (EU) providing their historical overview, describing the constitutional values of the EU, analysing them with respect to Turkey, and outlining the features of democracy, rule of law, etc. The obstacles to Turkey's accession to EU are discussed.
(2003, 1700 words)
The paper looks at the protection of the fundamental rights of the EU Member States under the European Union law. The structure of the EU community and courts is examined; the measures enforcing the breach of the fundamental rights are reviewed.
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