Free European Law Essays

Excerpt: In this paper I seek to prove that, natural and legal persons have in effect very limited standing for bringing an action for annulment under A. 230(4) of an act adopted pursuant to a regulation or directed at another person, when required to demonstrate that the measure “is of direct and individual concern to the former”, resulting in the “most controversial and least transparent” caselaw of the ECJ. Thus, they are denied the right to judicial review even when their interests are directly affected, if there is an absence of a national implementing measure for such a self-executing act.

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Excerpt: The doctrine of judicial precedent, otherwise known by the Latin tag stare decisis, which means let the decision stand, was born out of necessity around 800 years ago. After the Norman conquest of England in 1066 King William promised to respect the laws and traditions of his new kingdom, but that promise did not outlive him. Subsequent Kings dispatched judges to travel on circuits around the far flung regions of the country. In order to introduce consistency and predictability into the decisions they took a system of precedent was established which dictated that judges were required to follow previous decisions where the same point of law arose in a later case. This system became entrenched and served to unify the disparate regional laws of England into one law common to the whole country: hence the name Common Law.

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Excerpt: The European Communities were established with the aim of providing peace and economic stability within Europe. This essay will consider how the European Union has sought to establish:

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Excerpt: The relationship between community and national law was established in one the earliest cases to come before the European court of justice. In Costa v Enel , an action was brought in Italy against the nationalized national electricity board (ENEL) over a bill of 1950 lire which then amounted to less than £1. Mr. Costa claimed that he was not obliged to pay the bill as the nationalization legislation had infringed Italian and EC law. A reference was made by the Italian court under Art. 234 EC. The Italian government argued that such a reference was absolutely admissible because the national court had to apply national law. The ECJ rejected and stated.

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Excerpt: In 1979 were introduced direct elections that made this institution increasingly democratic since members are responsible to their electorate. A perennial complaint is that, despite the introduction of direct elections, the uniform system of election envisaged by Article 190(3) (ex 138(3) ) EC has not yet been introduced. Recent elections have revealed a low voter turnout, which may cast doubt on the claims of the European Parliament to legitimacy on the basis of the direct elections of its members.

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Excerpt: The impact of European law on the ‘sovereignty’ of Member States is one of the most controversial aspects of its working. Sovereignty is generally taken to be the capacity of a state for independent action both within and outside its own territory. That definition may be broken down into three elements.

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Excerpt: Consider the advantages and disadvantages of the Stability and Growth Pact in its present form within the euro area and critically discuss the extent to which the pact remains intact.

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