C/L/295. Application of Community Law across EU Member States

The paper presents a law case study related to the request of court or tribunal for a preliminary ruling from the European Court of Justice (ECJ) on matters of Community Law in order for the national court to give a judgement on the case before ECJ. Proceeding from the facts of the case, the paper claims that Community Law is applied uniformly across all Member States. Related articles of the EC Treaty are considered.

S/L/211. 'The views of the European Court of Justice, and those of the most senior or Constitutional Courts of the Member States, do not always concur on the issue of the supremacy of Community Law over national laws. ' Discuss

The paper discusses the supremacy of European Community (EC) laws over the national laws of the EU Member States. The establishment of this principle is discussed in historical context considering the tactics of English courts to reconcile the doctrine of supremacy with that of the principle of Parliamentary sovereignty. The position of Germany and Italy with regard to the principle of EU laws' supremacy is discussed.

S/L/212. European Law against English law

The paper examines a case of misleading information provided by a British company Easytalk that distributed leaflets across EU universities encouraging students to come and learn English in the UK. The claim for a tuition fee refund is considered advising the claimant how he could use EC law against the English courts. References are made to related legislation and law cases.

C/L/292. To what Extent does the European Union Regulation of Transport overlap with the Regulation of State Aid in the European Union?

The paper addresses the problem of the overlap between the EU regulation of transport and the regulation of state aid in the European Union. The development of the European transport policy is discussed with references to Article 75 of the Treaty of Rome, Article 73 of the European Commission, the new White Paper on transport policy, etc. Definitions of state aid are provided; conclusions are made about the need to clarify confusions created by the overlap.

S/L/194. European law on competition: case study of tinned cat food trade

The paper examines the legal aspects of the competition in the European tinned cat food market considering the effects of trade on the EU member states and arguing whether the agreement between two companies producing tinned cat food is in accordance with EU law on competition.

C/L/260. EU regulations

The paper examines the legislation of the European Parliament and the Council of the European Union, reviewing the Articles of the European Commission (EC) proposal, arguing the mandatory nature of EU regulations for the EU member states and considering the case for the prosecution of the UK airline Brian Air in the national court and in the European Court of Justice (ECJ)

S/HR/200. Significance of the European Union for Workers in Europe

The paper examines the advantages of a single market for the European work force caused by the freedom of movement across the EU member states. The legal issues of employment are addressed including the agreement on parental leave, the acquired rights directive (Council Directive 2001/23), the health and safety directive (Directive 89/391/EEC), the 'blue card' system, etc.

S/L/183. Constitutional Law of the European Union

The paper addresses the issues of the EU law system discussing how the decisions of the European Court of Justice (ECJ) affect EU member states. European Communities Act 1972 is analysed discussing related law cases and reflecting on the discord between the Community's objectives and the interests of individual member states.

C/L/238. EU regulations on liberalisation and harmonisation of telecommunications

The paper looks at the regulation, liberalisation and harmonisation of the telecommunications sector within the EU discussing the legislative measures known as Open Network Provision (ONP) Directives of 2002, and examining the reasons behind their success.

C/L/233. EU law on trade and competition: articles 81(1) and 81(3)

The paper examines the relationship between articles 81(1) and 81(3) of the EU law that deal with the safeguarding of legitimate competition by using restrictive trade practices. The effects of the agreements curtailing the market by preventing, limiting or distorting competition within the common market are discussed with references to law cases.

C/L/236. "The original conception of the relationship between national courts and the ECJ does not capture reality. Many developments have transformed this from a horizontal and bilateral, to a vertical and multilateral relationship". Critically discuss the above statement with reference to decided cases on Article 234 of the European Community

The paper examines the relationship between the European Court of Justice (ECJ) and national courts discussing the undemocratic principle implied by Article 234 of the EU law where member states cannot question the decisions of the EU. It is argued that Article 234 of the European Community (EC) law is eroding the sovereignty of the EU member states; the development of the Article by national lawyers is described focusing on the functions of the ECJ.

C/L/228. Issues of taxation and restraint of imports and exports under EU law

The paper examines the tax situation in Wineyards discussing the discrepancy between the EC law of free movement of goods and the taxation imposed by the French and Spanish governments. The prohibition of the EU Court of Justice on the restraint of imports, exports or goods in transit is discussed with reference to the German and Italian law on public health and consumer protection, the issues of environmentally friendly packaging under the Swedish law, etc.

S/L/182. Impact of the Human Rights Act 1998 on the substantive criminal Law

The paper examines the effect of the incorporation of the European Convention on Human Rights into to the Humans Rights Act 1998 focusing on the impact of the requirement for an individual to have a fair trial under Article 6 on the English law regarding entrapment.

S/L/179. Freedom of Movement and European Union Law

The paper examines the EU law on the free movement of persons discussing its interaction with the new legal principles and policies designed to secure and extend the concept of citizenship within the EU.

C/L/199. English Parliament's sovereignty

The paper examines Dicey's doctrine of the legal sovereignty of the English Parliament arguing whether it was undermined by the UK membership in the EU and the Human Rights Act 1988.

C/L/206. Does British Parliament retain sovereignty under EU legislation?

The paper looks at the Parliamentary Sovereignty (PS) in the UK discussing whether it remains a valid concept now that the UK is a member of the European Union. Various opinions on the subject are reviewed arguing that PS is threatened by the European Communities Act and operates within the pan-European constitutional framework.

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