Articles tagged as EU Law
EU law, or European Union law, is a system of law that is specific to the 28 members of the European Union. This system overrules the national law of each member country if there is a conflict between the national law and the EU law.
Latest Law Papers tagged as EU Law
Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.
Francovich v. Italy [1991]
Case Summaries
One of the defining and controversial characteristics of the European Union has been the supranational nature of its institutions and laws. European laws can take the form of primary laws, which consists of the intergovernmental treaties, and secondary laws in the form of regulations, directives and decisions which are passed by the Commission....
Last modified: 28th Oct 2021
Soering v UK
Case Summaries
Soering v United Kingdom (1989) concerns Articles 3, 6 and 13 of the European Convention on Human Rights (ECHR) 1950 and the potential extradition to the USA by the UK of a West German national to face trial in Virginia, USA on a murder charge....
Last modified: 28th Oct 2021
Malone v MPC - 1979
Case Summaries
Malone (M) was charged with handling stolen property. During the Crown Court prosecution of M, the prosecution admitted that the Post Office (P) had intercepted M’s telephone conversations under the authority of the Secretary of State for use by the police....
Last modified: 28th Oct 2021
Blackburn v Attorney General - 1971
Case Summaries
The claimant, Blackburn, asserted that the decision by Parliament to allow Britain to join the Economic Community and sign the Maastricht Treaty was illegal as it diminished their own sovereignty, and violated the theoretical conception of the ‘Queen in Parliament’...
Last modified: 25th Oct 2021
Van Gend en Loos Case Summary
Case Summaries
Established that EEC’s treaties were legitimate grounds for the recognition of legal rights and thus famously recognised the principle of direct effect. The claimants, van Gend en Loos, imported chemicals from Western Germany to the Netherlands where they were asked to pay import taxes....
Last modified: 25th Oct 2021
Ireland v United Kingdom 1979-80
Case Summaries
Ireland v United Kingdom is a European Court of Human Rights (ECtHR) principally concerning the threshold at which ‘cruel and unusual treatment’ becomes ‘torture’ for the purposes of Article 3 of the European Convention on Human Rights (ECHR)...
Last modified: 5th Oct 2021
Osman v UK
Case Summaries
Case Summary of Osman v United Kingdom (UK) Case No: 87/1997/871/1083. Mrs Mulkiye Osman was born in Cyprus in 1948 and her son, Ahmet Osman, was born in England in 1972....
Last modified: 30th Sep 2021
Consumer Rights in Electronic Contracts and Distance Selling
Contract Law
This essay aims to evaluate the consumer protection provisions of the ECD and DSD applicable to electronic contracts....
Last modified: 30th Sep 2021
Flaminio Costa v ENEL - 1964
Case Summaries
Established the supremacy of European Community laws over the national laws of Member States. The claimant, Costa, was an Italian citizen with shares in the Italian electricity supply company Edisonvolta, and he sought to oppose moves by the State to nationalise the electric industry....
Last modified: 28th Sep 2021
Macarthys v Smith
Case Summaries
The claimant, Ms Smith, was a factory employee of the defendants, Macarthys, for which she received a salary of £50 per week. She complained......
Last modified: 27th Sep 2021
The Freedom of Establishment
EU Law
The Freedom of Establishment, as set out in Article 49 TFEU enables an economic actor to pursue economic activities, stably and continuously in one or more Member States....
Last modified: 27th Sep 2021
Many Influences on Parliament
Administrative Law
The influences on parliament can be many, including pressure groups, the media, reform bodies and many more....
Last modified: 23rd Sep 2021
The Sources of Human Rights
Constitutional Law
The primary source of human rights are UN Universal Declaration of Human Rights and the treaties that followed. Other human rights existed before they were recognised by the UN Charter....
Last modified: 22nd Sep 2021
Doctrine of Supremacy of EU Law
Administrative Law
In a series of important rulings the European Court of Justice (ECJ) has developed the doctrine of supremacy of European Union (EU) Law....
Last modified: 22nd Sep 2021
The Free Movement of Goods
EU Law
The free movement of goods is an essential element of the internal market and both EU legislation and the decisions of the Court of Justice support the achievement of this aspect of economic integration....
Last modified: 21st Sep 2021
Judicial Precedent as a Source of Law
Judicial Law
An overview of Judicial Precedent and the advantages and disadvantages of this doctrine in the English legal system with case examples....
Last modified: 20th Sep 2021
Liability for Goods Lecture
Lecture Notes
The purchaser of goods, which turn out to be defective, will sue in contract for breach of the terms implied by the Sale of Goods Act 1979, or the Supply of Goods and Services Act 1982, which cannot be excluded against a consumer (Unfair Contract Terms Act 1977)....
Last modified: 2nd Sep 2021
Judicial Precedent Lecture 1
Lecture Notes
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided....
Last modified: 2nd Sep 2021
Human Rights Interpretation and Application in UK Law
Lecture Notes
Prior to the enactment of the Human Rights Act 1998, the European Convention was directly relevant to statutory interpretation because it could not be a source of rights and, unless a statute was ambiguous, it could not be used for statutory interpretation....
Last modified: 2nd Sep 2021
European Court of Justice (ECJ) Lecture
Lecture Notes
The function of the European Court of Justice (ECJ), which sits in Luxembourg, is to ensure that in the interpretation and application of the Treaty of Rome the law is observed (Article 220 (ex 164), Treaty of Rome)....
Last modified: 2nd Sep 2021
Abuse of Refusal to Supply under Article 82EC
Commercial Law
The abuse of refusal to supply is quite wide in its scope but certain elements are fundamental to its application. Discuss....
Last modified: 31st Aug 2021
Does the EU Suffer From a Democratic Deficit?
EU Law
In the research of this particular assignment the author has discovered that there is credence to the argument of ‘democratic deficit’, when one examines the democratic origins of the various bodies involved in the policy making process of the EU at present. ...
Last modified: 31st Aug 2021
Extra Judicial Punishments and Killings
Constitutional Law
Extra Judicial Killing is the killing of a person by governmental authorities without the sanction of any judicial proceeding or any legal process. Extrajudicial Punishments are unlawful by nature, because they break the process of legal jurisdiction in which they occur....
Last modified: 26th Aug 2021
Duties and Obligations of a Liquidator - Malta
Business Law
Explain and discuss the duties and obligations of a liquidator of a limited liability company which has been wound up upon an order by the Court. The relevant provisions relating to the local law concerning insolvency are found mainly in the Companies Act (chapter 386 of the Laws of Malta) and the Commercial Code....
Last modified: 11th Jun 2021
EU Judgments on the Real Seat Approach to the Domicile of Companies
EU Law
How Far Have The Judgments Of The European Court Of Justice In The Cases Of C-212/97 Centros, C-208/00 Uberseering And C-167/01 Inspire Art And Later Cases Undermined The Power Of Member States To Apply The “Real Seat” Approach To The Domicile Of Companies?...
Last modified: 10th Jun 2021
