Case law: Case law can be defined as the legal principles created by the courts on disputed point of law. It is applied as precedents in other courts in later cases. It is wholly or partially derived from adjudication and from customs through judicial decisions. As such, case law is different from statutory law.
View More >>The EU and the UK provides for requirement of originality, substantial investment and necessary arrangements with involvement of human personal touch to AI generated works for them to avail copyright protection.
View More >>In the Kadi case, the European Court of Justice (ECJ) was required to decide whether a resolution of the United Nations Security Council have primacy over EU law. The court decided that no such primacy could be given to the UNSC resolution over the EU law. In essence, what the court has done is to accept the dualist approach to international law instead of adopting a monist approach
View More >>In the recent era of globalisation, the EU expands their activities and laws across the international borders and it is necessary to critically analyse the impacts of the EU enlargement policies in terms of trade, GDP growth, social development, lifestyle changes, business and SME expansion as well as financial impacts. The study focuses on analysing the effects of EU enlargement on the multinational corporate firms in the automobile industry and the firms are Volkswagen and BMW, which are famous for their innovative designed cars and efficient services worldwide. The first chapter is effective to develop the aim and objectives and understand the significance of the study to conduct it efficiently.
View More >>The proper distinction of separation of powers does not exist in the constitution of the United Kingdom
View More >>The EU law on sex discrimination in the workplace is provided in the Directive 2006/54/EC on the Implementation of the Principle of Equal Opportunities and Equal Treatment of Men and Women in Matters of Employment And Occupation also called as the ‘Recast Directive
View More >>The judiciary’s role in the making and interpretation of law as well as the relationship between the judiciary and legislation is one of the important features of the English constitutional law. Due to the implementation of the doctrine of parliamentary sovereignty
View More >>The European law is designed in a way that it is placed at a superior position in respect to the law of member states
View More >>The UK Constitution confers Parliament sovereignty, which cannot be overridden by the courts or any
View More >>The Maastricht Treaty 1993 established European citizenship. Articles 9 of TEU and 20 of TFEU have established that a citizen of a member state is also an EU citizen (Liakopoulos, 2020). The concept of European citizenship is beyond the constraint
View More >>There is a general perception about lawyers not being ethical, leading to Herring describing ‘lawyers’ ethics’ as ‘a great oxymoron’. Popular culture and certain events have led to the development of the presumption that legal profession and ethical conduct are incompatible with each other. Nevertheless, legal ethics and norms
View More >>In his review on the judgment in Jackson v Attorney General, Professor Mullen explored the question on whether the orthodox view of parliamentary sovereignty may be displaced by a
View More >>The institutional framework of EU aims to promote and defend the values, objectives and interests of the Union, citizens and the member states. This framework ensures effectiveness, coherence and continuity of the EU policies and actions. The objective and aim of the coding the institutional framework of the Union are covered under to Article 13 (1) of Treaty on European Union (TEU).
View More >>The doctrines of direct effect, indirect effect, and state liability are developed by the CJEU and are based on the premise that the EU law is superior to the domestic law and that the domestic courts are to further implement the jurisprudence of the CJEU.
View More >>This essay discusses the liability of the Spanish and French governments under the EU law as well as the liability of Green Life related to Directive 20018/12 (a fictitious Directive) to control levels of pollution in seawater and on beaches.
View More >>The treaty on the functioning of the European Union promotes free movement of goods within the Member States for the purpose of attaining a free market herein and such free movement of goods also prohibits any monopolistic attitude adopted by any Member
View More >>Article 102 of the Treaty on the Functioning of the European Union recognises abuse of any shape or form if one or more undertakings belonging
View More >>The concept of direct effect applies in situations where people have applied various legal systems in parallel. The most common instances of occurrence are cases where matters are covered by the supranational and national laws,
View More >>In order to conclude and discuss the case of Sunil and Rosin in respect of their scope of taking actions against their employer herein, it is extremely important to understand the context of the European Union Law and what are the effects of European Union law herein.
View More >>The principle of proportionality is a general principle of EU law which is applicable to all treaties of the EU. The Treaty on European Union, Article 5 provides this principle of proportionality to mean that the measures taken by the EU should not
View More >>One of the core principles responsible for application of the preliminary rulings procedure is to ensure the uniform
View More >>This essay considers three fictitious measures adopted by France, Romania, and Italy, and discusses whether these measures are compatible with European Union Law.
View More >>The principle of direct effect proceeds on the premise that the law of the EU has direct effect on the Member States and therefore
View More >>This memo relates to advice that may be given to Reunion Ltd regarding the most appropriate way of expanding their business into the European Union. This memo compares and contrasts the different entry strategies using both European Union law and the Trade & Co-operation Agreement.
View More >>Free movement of people within the European Union is a fundamental aspect of the Union Citizenship as established by the 1992 Treaty of Maastricht. Free movement of people means that EU citizens have the right to move freely and reside within any EU member state.
View More >>The democratic deficit of the EU has become a matter of interest for academics who have written on the growing trust deficit between the EU
View More >>Declaration 17 of the Lisbon Treaty makes the EU law supreme holds primacy over domestic laws. In Flaminio Costa v Ene, ECJ established EU supremacy doctrine.
View More >>The Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States is applicable in this situation. It relates to the right of EU citizens and their family members to reside as well as the issue of social benefits as linked to this right.
View More >>The preliminary ruling procedure facilitates the interaction and cooperation of the national courts with the Court of Justice under Article 267 of the Treaty on the Functioning of the EU (TFEU). The doctrines of direct effect and supremacy are applied for preliminary ruling procedure. There are some circumstances in which a court of a Member State is obliged to make a preliminary reference to the ECJ, as per the mandatory jurisdiction of the ECJ; while under the permissive jurisdiction, a national court may consider making a preliminary reference to the ECJ. Both the permissive and mandatory reference is discussed in this essay.
View More >>The European law is designed in a way that it is placed at a superior position in respect to the law of member states in the entire European Community laws. In the case of Van Gen den Loos in 1963, it was clearly stated by the ECJ that “the Community constitutes a new legal order in international law, for whose benefit the States have limited their sovereign rights, albeit within limited field”. The new world order is demanding new legal measures to incorporate international law to respective municipal laws.
View More >>Dig deeper into Equity Law Examples with our selection of articles.