...four main parts. In the first part we will present a brief overview of the evolution of the Court of Justice through time. The second part deals with the creation of the legal doctrines as a means of empowerment of the Court. In the third part we will discuss the cooperation between the national courts and the Court, and finally the last part is dedicated to the relations between Member States and the Court. It should be noted that in each part of the paper we will bring arguments and various examples to develop a structured and complete answer. 2- The Court of Justice through time The European Court of Justice (Court of Justice under the Treaty of Lisbon ) was created in 1951 as the judicial body of the European Coal and Steel Community. It is based in Luxembourg and is composed of 27 judges, one from each Member State. They are appointed by their Member States for a renewable period of 6 years. The judges are assisted by eight Advocates-General whose main task is to deliver legal opinions. At the beginning the Court of Justice had only three limited functions: • To ensure the administrative compliance of the Member States with the rules of the treaties, • To resolve the disputes in case the EU laws are vague, • To keep the Commission and the Council of Ministers from exceeding their authority. Yet, across time it has managed to become from a marginal political actor one of the strongest and influential political and judicial institutions in Europe. According...
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...Running head: CASE STUDY 4 FINAL ESSAY Jessica Miller CJ430 Conflict Management March 4, 2012 CASE STUDY 4 FINAL ESSAY 1 What is this world all about? Is it the money, power, fame, intellect or politics? If you ask me, I believe that in terms, it is all the above. If you have a lot of money, which it basically says “money talks and bull crap walks” and to be power and politics goes hand in hand. There isn’t one without the other. This world that we live in today is all about politics, where it seems that you have to bend over and kiss butts just to get by or to keep your job. In order to get this or that in life, sometimes you have to know the “right” people in “higher” places. It’s not right but unfortunately that is how it is. With politics, comes along with conflicts. There are debates when it comes down to it. During the Presidential campaigning, there are debates between two people address the nation with a lot of problem solving concerning the issues of the world. One party is stating what they believe that is better for the world while the other party will beg the difference. Both parties will make each other out to be liars but in all reality, Politian’s are just that; liars. Debates are great to have to know which party will win, back down and which party will get caught up in a lie. My all time favorite of listening to Politian’s is that when they are debating, they will refuse to answer a question and will...
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...‘In theory, the European Commission represents the EU interest, the European Parliament acts as the voice of the people of the EU, and the Council represents the interests of national governments. The reality is quite different.’ Discuss. The elementary organizing principles of the European Union have been the representation of different interests and the balance of power between the EU institutions and those particular interests. Emphasized in Monnet’s vision, one of the key tasks of the European project was ‘…to ensure that in their limited field these new institutions were both thoroughly democratic and accountable’. Yet, it is often questionable as to whether this task has been accomplished. It is more and more felt that the practical democratization and accountability of the institutions has been gradually dissenting from its theoretical objective. Where the supranational competencies of the EU have been growing, an effective system of political representation of the institutions is said to be missing. This paper aims put together a picture reflecting the essence of this division between empirical legitimacy, based on political reality, and the conceptual, normative legitimacy of each of these institutions arguing the perhaps further transparency and accountability may take the EU institutions a step closer towards achieving their theoretical role. The original Monnet plan envisaged the Commission as a body enjoying output legitimacy by being a promoter of EU...
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...Curs 2 The Treaty of Lisbon The treaty was signed by the heads of states of government of the 27 member states in Lisbon on the 13.12.2007. It has entered into force on 1.12.2009 after being ratified by all member states. It amends the treaty on the EU and the European Community’s treaty without replacing them. The EC treaty is renamed “The treaty of the functioning of the EU”. According to the provisions of the Lisbon Treaty, the EU replaces and succeeds the community. Therefore, the following terms will no longer be used: European Community, European communities or community law. Reference will be made only to the EU and the EU law. Following the treaty of Lisbon, the articles within the treaty on EU and the EC treaty, now the treaty on the functioning of the EU, are renumbered as part of the simplification process. According to the amendments brought by the Lisbon Treaty, the EU has legal personality, and therefore it has the capacity to enter into international treaties and agreements on behalf of the member states. In addition, the 3 pillars of the EU provided by the Treaty of Maastricht are now merged, but special procedures are still maintained in the field of foreign policy, security and defense. However, reference will no longer be made to the 3 pillars of the EU. The main reforms introduced by the Treaty are as follows: * More powerful role for the EU parliament, within the European legislative process * A greater involvement of the national parliaments...
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...The Foundation of the European Communities (1952-1957) 1. Introduction 2. Post Second World War period 3.1. Schuman plan (1950 3.2. European Coal and Steel Community treaty (ECSC-1952) 2.2.1 The institutions of ECSC 3. The Economic Communities – EEC and EAEC (1957) 4.3. The Time Period from 1952 till 1957 4.4. The foundation of the European Common Market (1957) 4.5.1. Free movement of goods 4.5.2. Free movement of people 4.5.3. Free movement of services 4.5.4. Free movement of capital 4. Conclusion: Peace for Europe or a peaceful European Market? 1. Introduction By the end of World War II all European countries had realized that they should change the antagonistic attitudes against each other. Therefore it was also clear that a new beginning was inevitably correlated with a multilateral co-operation based on common sense between them, especially between France and Germany. In the time period from 1919/20 to the Second World War there were made many efforts to establish a stable peaceful relationship between the European nations. The most significant project was the European plan of the French Foreign Minister Aristide Briand (Streinz, R., 2008, p. 6). Although the European plan was leaded from French self-interests, it tried to make even a step beyond these national interests by proposing a kind of European Federation. Unfortunately this plan failed, because...
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...Community development is a way of stregnthening civil society by prioritising the actions of communities and their perspective in development of social, economic and environmental policy:(scdc.org.uk). Community development is all about changes and growth, its work involves communities and also industries that concerns them, The centre focus of community development is to work with people inorder to help improve their quality of life in regards to decision making with the things that concerns them and bringing people together to find ways of solving problems and identify their own needs and aspirations; As Gilchrist and Taylor (2011;9) points out that the fundamental aim of community development is to boost the effective of community participation and capacity. This assignment will focus on different ways that community development work can be translated in the community inorder to improve on how individuals can work and learn together also ways in which equality and anti-discrimination can be practised more so that it can be more effectives within the lives of the community. There are five key principles of Community Development National Occupational Standard (CD NOS); theres are Equality and Anti-discrimination, Social justice...
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...REGIONAL ECONOMIC INTEGRATION IN EUROPE Europe has two block-EU trade and the European Free Trade Association. Of the two, the EU is far more important, not only in terms of membership (EU currently has 27 members, EFTA has 4), but also in terms of economic and political influence in the world economy. Many now see the EU as a growing economic and political superpower same order as the United States. Therefore, we will focus our attention on EU.7. EVOLUTION OF UNI EROPA The European Union (EU) is the product of two political factors: (1) the destruction of Western Europe during the two world wars and the desire for a lasting peace, and (2) the desire of European countries to hold their own in the top of the political and economic world. In addition, many Europeans realized the potential economic benefits of close integration of the country's economy. The predecessor of the European Union, European Coal and Steel Community, established in 1951 by Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands. The aim is to remove barriers to intragroup deliveries of coal, iron, steel, and metal. The signing of the Treaty of Rome in 1957, the European Community was founded. The name changed again in 1994 when the European Community became after the ratification of the Maastricht Treaty the European Union (discussed later). Rome Treaty provided for the creation of a common market. Article 3 of the agreement put the main purpose of the new community, called...
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...1) Antitrust: Commission fines banana suppliers € 60.3 million for running price cartel, EC IP/08/1509, October 2008, http://europa.eu/rapid/press-release_IP-08-1509_en.htm 2) COMMISSION DECISION of 15 X 2008 relating to a proceeding under Article 81 of the EC Treaty Case COMP/39188 – Bananas, COMMISSION OF THE EUROPEAN COMMUNITIES, Brussels, 15 X 2008, http://ec.europa.eu/competition/antitrust/cases/dec_docs/39188/39188_2291_2.pdf In 2008, the European Commission, found that the banana importers Dole, Chiquita, Weichert and Del Monte involved in a cartel between 2000 and 2002. The allegation was on the basis of secret bilateral pre-pricing communications. The cartel affected the North European region specifically Austria, Belgium, Denmark, Finland, Germany, Luxembourg, Netherlands and Sweden with banana consumption estimated to 1.6 million tones and a shared retail value of sales amounted to €2.5 billion in 2002. How was the collusion achieved? The banana business is organised in weekly cycles. During the relevant period the importers of leading brands of bananas into the eight European countries served by North European ports set and then announced every Thursday morning their reference price (their “quotation price”) for the following week. On numerous occasions over the three year period there were bilateral phone calls among the companies, usually the day before they set their price. During these calls the companies discussed or disclosed their pricing intentions: how...
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...In this case, depend on the UK Law resources, COUNCIL REGULATION (EEC) No 2092/91 Article 5, EC General Product Safety Regulations 2004 and the Treaty Establishing the European Economic Community 129A has been breached. More specifically, EEC No 2092/91 article 5 part 3 has provided that: “(1) (b) may bear indications referring to organic production methods in the sales description of the product only where: at least 95 % of the ingredients of agricultural origin of the product are, or are derived from, products obtained in accordance with the rules laid down in Article 6 or imported from third countries under the arrangements laid down in Article 11.”(COUNCIL REGULATION (EEC) No 2092/91) It is obviously that supply these fake beef has breached this clause (at least 95% is real). Thus supply chain companies constitute a fraud to the customers and also breached the clause sale products by description. In additional, sale the fake beef food also breached EC General Product Safety Regulations 2004 defects and risk product is prohibited selling (EC General Product Safety Regulations 2004). Actually in these horse meats, some of them may include 4-Butyl-1. This kind of medicine usually uses on the horse but it will affect human’s health and lives. By the way, EU food safety standards traceability and other regulations also have been breached by any of the companies involved in the supply-chain in this case. Because each country in the EU has done a DNA test on these import...
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...Judgment of the Court of Justice, Reyners, Case 2/74 (21 June 1974) Caption: In this judgment, the Court rules on the freedom of establishment. The rule on equal treatment with nationals is one of the fundamental legal provisions of the Community and may be directly invoked by the nationals of the Member States. The Court considers that this rule is contained in Article 52 of the EC Treaty (now Article 43) relative to the freedom of establishment. Source: Reports of Cases before the Court. 1974. [s.l.]. Copyright: All rights of reproduction, public communication, adaptation, distribution or dissemination via Internet, internal network or any other means are strictly reserved in all countries. The documents available on this Web site are the exclusive property of their authors or right holders. Requests for authorisation are to be addressed to the authors or right holders concerned. Further information may be obtained by referring to the legal notice and the terms and conditions of use regarding this site. URL: http://www.cvce.eu/obj/judgment_of_the_court_of_justice_reyners_case_2_74_21_june_1974-en-c5431ce67199-419f-b80f-a1580438bb88.html Publication date: 23/10/2012 1 / 21 23/10/2012 Judgment of the Court of 21 June 1974 1 Jean Reyners v Belgian State (preliminary ruling requested by the Belgium Conseil d’État) ‘Right of establishment’ Case 2/74 Summary 1. Freedom of establishment — Restrictions — Abolition — Transitional period Expiry — Rule on equal treatment with...
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...Investigating the fines imposed on the car-glass market cartel Maastricht University | | | | School of Business & Economics | | | | Place & date: | Maastricht 11.12.12 | | | | Name, initials: | Sander Kloosterman S.L | | For assessor only | | ID number: | I6050087 | | 1. Content | | Study: | Economics | | 2. Language structure | | Course code: | EBC1010 | | 3. Language accuracy | | Group number: | 14 | | 4. Language: Format & citing/referencing | | Writing tutor name: | Caro Struijke | | Overall: | | Writing assignment: | Resit Paper | | Advisory grade | | | | | Assessor’s initials | | s.kloosterman@student.maastrichtuniversity.nl 1. Introduction 3 2. Cartels 3 3. The Car Glass Market 4 4. The Economic Impact of the Cartel 5 5. Conclusion 7 References: 8. 1. Introduction In the European car market, the car glass market is one of the most important parts of the market. As a result in the glass market twenty percent of all products sold are allocated to the automotive sector. The European Commission has the job of ensuring that each firm within the market has the same opportunities and are not able to behave anti-competitively. In 2008, the European commision announced that four car glass-producing companies were accused of engaging in a cartel organisation. These four companies were Pilkington, Soliver, Saint-Gobain and Asahi and were fined a total amount of €1,4 billion. The amount that...
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...repetitions politicians/intellectuals came up with free commerce, democracy, and individual freedoms. The sincere collaboration (early 1950s until today) made peaceful Europe possible. They also wanted to rebuild Europe equitably after WWII, to share vital resources to mutual benefit, to counter threat of communism, to leverage with USSR and US, and eliminate acute nationalism and racism. The importance of the EU to Turkey: 1. number 1 trading partner for Turkey 2. one of 4 world’s major powers 3. Turkey aspires to join the EU 4. Turkey needs Europe to be democratic 1951 – Paris (ECSC) 1st form of Europe-wide collaboration among states was ECSC (European Coal & Steel Community) in 1951 and was developed in free trade and commerce within the newly formed EEC (European Economic Community). ECSC was created to integrate the industrial sectors of coal and steel, both crucial for energy and the development of heavy industries, thus of high political significance to the participating countries. It was a movement towards integration, instead of the usual forms of international organisations. Integration required genuine effort towards common solutions in good faith, rather than multiparty diplomatic...
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...To what extent has the location of the sovereignty in the UK has changed? The sovereignty is the supreme and independent power or authority in government as possessed or claimed by a state or community. There are two types of sovereignty, legal and political. Legal sovereignty is the principle that one body has the authority and right to change any law in anyway it wants to, legal sovereignty in the UK has been said to lie in Westminster Parliament. Political sovereignty is where power effectively and actively is used and implemented, in other words who holds political power and who has can influence it. For example, political sovereignty lies with the electorate at election time, but at other times lies with parliament when debating legislation and constitutional statues. Although the UK parliament is a sovereign body, there was devolution to the regions under Blaire, as well as transferring powers to the European Parliament in the Brussels, which firstly happened after Maastrich Treaty in 1992. On the one hand, there was a some transfers of EU, whereby the UK Parliament cannot do anything on certain matters. The UK initially joined the EEC in 1973 since then the EEC has become the EU and has also become increasingly more powerful over the UK as time has passed. It could be argued that the EU is supreme over UK statues and the UK parliament. This is shown in the case whereby the EU allowed Spanish fishing boats to fish in UK waters, because it is EU waters, and every...
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...Table of Contents Introduction 2 Background of the case 2 Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries. EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing national governments. The ECJ was originally set up under the Treaty of Paris (1951) and its competences have gradually expanded under the Treaties of Rome (1957), Maastricht (1992), Amsterdam (1997), Nice (2001) and Lisbon (2007). Legal precedents established by the ECJ have played a large role in shaping the development of EU law. The case of Costa vs. ENEL in 1964 for example ruled that in the case of a clash between EU and national law, EU law is the higher authority, thus establishing the supremacy of the ECJ. So now I am going to describe the details of this case. Background of the case M. F. Costa, a lawyer practicing in Milan claimed that he is not under an obligation to pay the amount of an invoice (1,925 Italian lire) which was demanded from him in respect of the supply of electricity by the ENTE NAZIONALE PER L’ENERGIA ELETTRICA (ENEL). He objected to do this payment before a Justice of the Peace (who was competent in first and last resort by virtue of the amount...
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...Gender Quota in European Companies Women are having a hard time reaching top positions in companies. The European Union recognizes this problem and decided to implement new laws that require quotas for women in businesses. According to the European Commission, women need to work an extra of 59 days to match the salary earned by men, which makes an average gender pay gap of 16.2% across the European Union in 2010. ("Equal pay day:," 2013). The reason why the quota system in Europe is not working is, because it has the status of a directive. Equality is one of five values on which the Union is founded. The Union is bound to strive for equality between women and men in all its activities. (3 Articles 2 and 3 TEU, Article 8 TFEU). Therefore, the EU has laws that forbid discrimination based on sex. Article two of the Maastricht Treaty (TEU) clearly states men and women are equal. (Van Ooik, & Vandamme, 2010, p. 5). In addition, article 121 of the TFEU states that men and women have the right for equal pay. Finally, article 21 of the Lisbon Treaty specifically prohibits discrimination based on sex (Van Ooik, & Vandamme, 2010, p. 161). This means that women in the EU are protected by law against discrimination based on their gender. However, in practice gender inequality still exists in European businesses. The European Union and its fight for gender equality has been a long battle. Despite EU law and directives the European Union has not been able to solve the problem....
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