Eu Law Dissertation Titles
Eu Law Dissertation Titles
Writing
a dissertation is undoubtedly one of the most challenging tasks for any student, especially when it
comes to selecting a suitable topic. With the vast and complex landscape of EU Law, finding a topic
that is both engaging and manageable can feel like searching for a needle in a haystack.
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Under the scheme women were entitled to receive their pension at the age of 57 but men at 62. In
the case adverse finding against the State, the ECJ can order the Member State to give compensation
to the individual. First of all it is necessary to understand that the law is an integral quality of a
human and a property of its objective reality6. The equality of treatment that the student is entitled to
covers the payment of courses fees, however the principle does not apply to support or maintenance
grants intended to help students pay their daily living expenses. Since the directives are directed
against Member States, the ECJ has not allowed to extend the horizontal direct effect for claims by
individuals against other individuals or private employers. 9 It was the Francovich 10case that paved
way for suing of the Government by the individuals for any losses due to failure to implement a
Directive. The receiving authority in the House of Lords is the Appellate Committee. We have a list
of rare EU law research topic ideas that can help you with this objective. Historical way of the
development of legal matter and spirit of different people was long and complex. It is basically civil
law, but with some significant differences. You only have to worry about this if you plan to publish
your dissertation for a wider audience, otherwise, it is completely fine. Magistrate courts contain
family courts and youth courts for taking up proceedings relating to families or youth. This case
created the principle that, where there is a conflict between Community law and national law it is
Community law that will prevail. This Direct effect can be applied as Horizontal Direct Effect and
Vertical Direct Effect depending on whom the right is enforced against. A child can stay in the host
country even if the parents had to go back to their country so they could choose to stay if their
parents were deported. British Gas being a public sector at the time. 6 In the instant case, if the
employer is a local authority, it is considered as an emanation of the State and hence has the same
obligation as applicable to the State. It can also apply to regulations, treaty provisions and decisions.
Despite, rejection by the intergovernmental conference, the proposed introduction showed that the
Convention's aim was to vitalize the idea of democracy. The research focuses on the Treaty of Lisbon
and the european union Parliament. The following dissertation ideas are to provide you with a
starting point for their research, and you can explore each topic in greater detail, depending on your
interests and background knowledge. Researchers have revealed how the ECJ extended the span of
European law with the intention that litigants possibly will use the European legal system to support
trade in Europe, and to encourage essential substantive and political goals linked with European
assimilation. To help assess whether workers of different sex are paid equally for work of equal
value, The European Commission has issued a “Code of practice on the implementation of equal pay
for work of equal vale for women and men”. His application for an educational grant was rejected
because it was only payable to Germans nationals. Bomberg and Peterson wrote that in most cases,
the member states would infuse the European Union Laws into their constitutions and laws thus
eliminating the previously conflicting legal provisions in the country5. Here are some comprehensive
guidelines for you to learn to write a flawless findings chapter. NV Algemene Transporten Expeditie
Onderneming van Gend en Loos v. The Influences of the Holy Bible on Milton: A detailed analysis
of Paradise Lost and redemption poetry in the 17th century. 2. Author Information 3. Furthermore,
the United Kingdom cannot abstain from implementing any directives issued by the EC nor does it
have the power to withhold parts of directives from being implemented. In case you are a working
student, you should definitely pick a common topic. Stare decisis. (2006). In Britannica Concise
Encyclopedia. Such decisions have a binding nature on the rulings in subsequent cases, under the
doctrine of judicial precedent16.
Member States refer cases of infringement of EU law to the ECJ for the proper interpretation of EU
law2. The receiving authority in the House of Lords is the Appellate Committee. Eurlex: judgement
of the Court of 17 March 1993: Commission of the European Community v. While the EU has
determined the directive in principle, it has left the modalities and modus operandi of
implementation and execution of the directive on individual states. That being said, if you feel a
picture is reflective of your entire dissertation or thesis or adds on to the title, then you can always
seek permission from your university before doing this. Thus, as established in Flamino Costav
ENEL4, EU Law on labour, enjoys supremacy over domestic law rules and claims can be made
before national courts overriding the domestic law as also held in Defrenne v Sabena. 5 But this
related to an Article 141 of EC now 157 of TFEU and not a directive which may or may not be
applicable throughout the European Union. In the case adverse finding against the State, the ECJ can
order the Member State to give compensation to the individual. Furthermore, the writer would
discuss the idea of creating a unified legal system in Europe. Although Simon, Tanya, Dawn, and
Rose are UK nationals, the free movement of workers throughout the european union is permitted
under Article 39 of EU law and Article 18 specifically states that 'Every citizen of the Union shall
have the right to move and reside freely within the territory of the Member States. Only the judges
of the Crown Court are empowered to pass sentence after a verdict has been delivered by magistrate
courts. Article 1 (1) CT, lists the will of the member states to build a common future beneath. With
reference to the principle of proportionality, the Belgian authorities cannot claim that the absence of
rind is a major characteristic that justifies its refusal of the use of the “Port Southampton”
designation or its sale in Belgium. The Influences of the Holy Bible on Milton: A detailed analysis of
Paradise Lost and redemption poetry in the 17th century. 2. Author Information 3. The common law
was developed on this concept of precedent. It is seen that the UK Company runs grave risk of
action from the EC for alleged non compliance of chemical discharge concerns, and also in terms of
violating EC directives for enforcement of a mandated testing regime. Keep on browsing if you are
OK with that, or find out how to manage cookies. The EU's competence in respect of effective and
democratic governance has been constantly under scrutiny. It is part of the four important freedom of
the Community law with the free movement of goods, services, and capital. The JR procedures shall
be initiated within a period of 2 months from the proclamation of the measure, or if any such
proclamation is not present, within the time it came to be known to the applicant. Furthermore, if a
decision is found to be contravening the subsequent decision made by the House of Lords, then the
court need not rely on precedent. All Rights Reserved ResearchProspect - A trading name of Splash
Sol LLC. Member states of the european union can restrict this free movement of goods only in
exceptional cases, for example when there is a risk resulting from issues such as public health,
environment, and consumer protection. However, it would impose a restriction on a trader from
another Member State as they would be forced to establish themselves in Austria, and thus did not
operate in the same manner, in fact. The spirit of European integration is chiefly based on the
incorporation of EU law into national legislation by the domestic courts. In addition, having a
criminal record is not, in itself, sufficient grounds to justify such a measure automatically. Other
cases that relate to civil and criminal law are heard in the normal judicial court system. Cases relating
to administrative matters fall within the scope of Administrative law and are heard in administrative
tribunals especially formed for that purpose. In a vertical direct effect, there is an alignment between
the EU law, National Law and the State’s obligation to ensure that its national legislation is in
consonance with EU law. The aim of a directive is achieve the substance rather than the form. They
do not have the power to pass sentence over and above a certain level of severity.
This was clearly established in several criminal cases such as R v. R10. As such, the European Court
of Justice can override all the decisions made by the domestic courts, in cases pertaining to EC
law11. Although the UK courts have recognised this fact, they find it an onerous task to rescind their
traditional outlook, while respecting the EU law and interpreting it in the context of their national
legislation. The main points to be included are mentioned below. All the same, it cannot disregard or
ignore a decision emanating from the House of Lords. Since the directives are directed against
Member States, the ECJ has not allowed to extend the horizontal direct effect for claims by
individuals against other individuals or private employers. 9 It was the Francovich 10case that paved
way for suing of the Government by the individuals for any losses due to failure to implement a
Directive. Judicial precedent is a doctrine adopted by the English courts. These ideas represent some
of the most important and current legal issues facing the EU, and they offer a range of topics for
students to explore. Hence, at the European level, the Council of Ministers have to play a vital role
and from an individualistic perspective and the European Parliament, which represents the European
citizenry is the main organ for obtaining democratic legitimacy9. Foundation.The holistic legitimacy
concept justifies the state-centered democratic vision, which states that only national peoples are
subjects of legitimacy. In order to become a precedent, a decision must be given for similar facts and
similar question of law in the previous case. The concept of Direct Effect of EC law was developed
by the ECJ to allow individuals and organizations to use the provisions of EC law within their
Member States' domestic courts without having to wait for the Member State to fulfill some
obligation which it had omitted to do. Eurlex: judgement of the Court of 17 March 1993:
Commission of the European Community v. It may be pertinent to state that the private employer
could have applied the directive after the expiration of the three years period, the UK had for
transposition. ECJ’s decision is final and there will be no further appeal.2 Under the EU law, a
“direct effect” action is available for union citizen. Italian State the ECJ held that damages are
available against the State for failure to implement EC directives, if three conditions are met. We use
cookies to create the best experience for you. When a judge makes an observation on the legality of
the subject matter of the case but when that issue does not require a decision, then such an
observation is termed as an obiter dictum. The legitimacy of the state-centered, collectivist approach
is dubious as no relationship exists between society and the nation state10, which is independent of a
national or homogenous group11 or a cultural, religious or social consensus. Keep on browsing if you
are OK with that, or find out how to manage cookies. This is left to the discretion of national
governments and lawmakers. The democratic constitution of the European Communities was
considered unimportant and unnecessary by many scholars who felt that an internal market endorsed
individual freedom1. Mrs Van Duyn (Dutch) sought a place for a job for the Church of Scientology
in the UK.AT the time the Church of Scientology was not illegal in the UK but was considered
dangerous for the public. European Union Law - articles 25 and 90 of the EC Treaty. Issues of
cognition, perfection, and realization of law have always been of great value for communication and
interaction of people, resolution and prevention of conflicts between them. The research focuses on
the Treaty of Lisbon and the european union Parliament. She claimed it was a breach of Article
119(now 141) of the Treaty. The question was whether this rule was consistent with Community law.
However if it does not she could claim that she is a child of a worker and could claim benefits under
social advantage. Art 31 (1) states that the working conditions for the workers must safeguard their
health and safety besides being consistent with their dignity. Thus it could be said that the EC is the
final authority regarding the rules and regulations governing various legal aspects of FMD in Europe
and all countries, especially UK need to abide with its directives in matters connected with, or in
response to, the control and management of FMD. (Civil Contingencies Act 2004. In civil cases, the
Court of Appeal can depart from its previous rulings if it finds that it had made the previous ruling in
error.
The equality of treatment that the student is entitled to covers the payment of courses fees, however
the principle does not apply to support or maintenance grants intended to help students pay their
daily living expenses. Jones University of Nevada, Reno AMA Dissertation title Page. But there is
the other side of these relations, when a person acts as a creator of this law. She sues in High Court
and that made an Article 177reference. Art 31 (1) states that the working conditions for the workers
must safeguard their health and safety besides being consistent with their dignity. In my opinion,
after reading these cases, it may be that cases that were claimed under discrimination are more likely
to be favored by the ECJ. Mrs Van Duyn (Dutch) sought a place for a job for the Church of
Scientology in the UK.AT the time the Church of Scientology was not illegal in the UK but was
considered dangerous for the public. However, there is an exception to the non-discrimination rule
where the gender of the workers is an essential factor in the job. Thus it is incumbent on individual
states to frame laws and regulations that would provide environment settings for enforcement of laws
executed in individual cases, and for taking appropriate steps for non compliance. It was established
by the ruling in the case of Young v Bristol Aeroplane Co, that the Court of Appeal can depart from
its earlier rulings under certain specific circumstances, which had been noted in that case9. According
to this Treaty, which has come into force in 2003, were made essential changes in institutional
structure, to process of formation and functioning of institutes of EU. The ECJ deals with cases of
breach of EU law by Member States if their national legislation fails to correctly interpret the EU
law. The Spanish fishermen challenged the legality of this Act before an English court, which
referred the case to the ECJ. Thus it could be said that the EC is the final authority regarding the
rules and regulations governing various legal aspects of FMD in Europe and all countries, especially
UK need to abide with its directives in matters connected with, or in response to, the control and
management of FMD. (Civil Contingencies Act 2004. There are two hundred and eighteen county
courts for hearing civil cases and most of the civil actions are determined by them. Brentwood
District Council18, the House of Lords decided to override its previous decision in Anns v. It must
be noted that directives cannot have horizontal direct effect since they only affect relationship
between an individual and the State or local authorities or public sector industries. And indirectly
this is what happened among other things when Rona was rejected as a part-time employee o the
pension scheme because she could “leave to have a family.”. Some of such cases may also be heard
by a trained district judge12. European Commission will investigate the complaint and call for
explanation from the Member State. In the context of European integration, the United Kingdom has
retained its parliamentary sovereignty to a very limited extent, in several matters relating to the
European Union. Second, the Queen’s Bench Division, which deals with contract, tort, and trade
related matters. They, by virtue of their being human, possess certain basic and inalienable rights
which are commonly known as human rights. The need for integration arose following the numerous
problems and challenges that occurred across Europe because of the Second World WarSince then,
various efforts have been undertaken to ensure integration between member states over the years
since the formation of the European Economic Community to the formation of the european union
and its subsequent expansion to the current 28 member states. In other words, directive may be
vertically directly effective, but not horizontally directly effective. In order that a company
(organisation) is recognized as a public body, it must be providing a public service, under the control
of the state with special powers. In civil cases, the Court of Appeal can depart from its previous
rulings if it finds that it had made the previous ruling in error. All Rights Reserved ResearchProspect
- A trading name of Splash Sol LLC. The law State that a person is free to live in another Member
State as long as he can support herself or is classed as dependant of someone or is a worker. It’s one
of the few elements of research that takes the least amount of time.