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.

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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.

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: 21st Sep 2023

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

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