AS Level Law Assignment 6 - European Court of Justice
Task
You will be set one of the following questions:
Briefly describe both (i) the three track system of civil justice; and (ii) the procedure under Article 234 for making references to the European Court of Justice. [20 marks]
(2002 Specimen Paper)
or
(a) Describe how it is decided where to try individual civil cases in the courts. In your answer, consider the financial value of the claim and also the type of case involved. [25 marks]
(b) Explain and comment on when cases are referred to the European Court of Justice under Article 234 (formerly Article 177). [20 marks]
(January 2002)
'OLD STYLE' QUESTIONS
1. Read the following source material and answer parts (a) to (d) which follow.
Exercise on European Law
SOURCE
The Council of Ministers is the legislative body of the Communities. It is
responsible for the general co-ordination of the economic policies of the member
states, has power to take decisions and legislate for the Communities, and has
the power to confer upon the Commission the power to act.
The Commission acts as the proposer and implementer of Community policy: it is
under a duty to ensure the provisions of the Treaty are applied.
The role of the European Court of Justice is fundamental in ensuring legal
enforcement of Community obligations, and in ensuring uniform interpretations of
European law throughout the Community. Cases reach the court either through
direct actions, or through references of points of Community law by national
courts, under Article 177.* Article 177* creates a power, and in some
circumstances imposes a duty, to refer questions concerning the interpretation
of European law to the Court of Justice. It plays a key role in ensuring the
preservation of the Community character of the law established by the Treaty,
and has the object of ensuring that in all circumstances this law is the same in
all states of the Community. The mandatory reference applies only where there is
an absence of judicial remedy. Also in order for there to be a duty to refer,
the question must be 'necessary'.
In the CILFIT case the Court of Justice held there was no need to refer a
question if it was not relevant, if the answer to the question "can in no
way affect the outcome of the case" English courts have interpreted [this]
more liberally, as meaning "reasonably necessary".
Adapted from: 'Walker& Walker's English Legal System', Richard Ward,
Butterworths
* Article 177 has now become Article 234 following the Treaty of Amsterdam
Answer all parts.
(a) With reference to lines 1-6 of the source and your knowledge of the European institutions briefly compare and contrast the composition and roles of the Council of Ministers and the Commission.
(b) With reference to lines 7-9 of the source and your knowledge of the European Court of Justice discuss the ways in which it has been "fundamental in ensuring legal enforcement of Community obligations, and in ensuring uniform interpretations of European law throughout the Community."
(c) Briefly explain and illustrate the A177 [A234] reference procedure.
(d) Consider whether an English court will have a duty or a power to refer a question to the European Court of Justice in the following situations:
(i) Harriet has made a discrimination claim in an Employment Tribunal. During the case it has become apparent that an interpretation of European law may decide the issue.
(ii) English Winemakers plc has appealed its case on unfair competition as far as the House of Lords. The Court of Appeal has already accepted that an interpretation of European competition law would decide the outcome of the case.
(iii) Sarah has made a claim for equal pay in an Employment Tribunal. Her claim is for equal pay with a man who has taken over the job that she formerly did. An ECJ reference in Macarthys v Smith has already identified that it is possible to claim equal pay with a man who held the position prior to the woman who was claiming.
[50 marks]
(June 2000)
or
2. Describe the composition and role of the European Court of Justice and evaluate its importance with regard to the English legal system.
(May 1998)
or
3. Describe and evaluate the work of the European Court of Justice.
(May 1995)
Guidance
My students should see me in the Law workshop or email me if help is required with this assignment.
Set:
Due:
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