European Court of Justice Essays

In this essay I seek to examine the nature of the relationship between the national courts and the Court of Justice of the European Union (CJEU) under Article 267 of the TFEU. The level of cooperation between both the CJEU and the national courts under the preliminary reference procedure has been an area of discussion with an array of views. In theory the relationship between both the courts is said to be a horizontal partnership, with the CJEU merely providing assistance to national judges however

central to the development of EU law, but its role has at times been constrained by the CJEU and national courts’ reluctance to engage with it.” The Preliminary Referencing Procedure: An Insight into its Functioning and Constraints Considered by some to be “by far the most important aspect of the judicial system of the [EU] community” , Article 267 of the Treaty on the Functioning of the European Union (TFEU) and the preliminary reference procedure has been the central mechanism to the development

The Ugly Christmas Sweater: From ironic nostalgia to festive simulation The Ugly Christmas Sweater is a cultural symbol that brings happiness to all ages and gives personal, familial warmth to those during the Christmas season. The Christmas season nowadays is one of the most busy and stressful times of year in terms of financial and emotional stress. The Ugly Christmas Sweater parties may offer an escape from the holiday stress. The best part about the Ugly Christmas Sweater parties though is it

What would you prefer a big unfulfilling Christmas or a small and joyful holiday with friends and family? The author Hugh Martin of the song “Have yourself a merry little Christmas” did a great job on demonstrating the the theme in every verse. The theme of the song is that you do not need a big Christmas to enjoy the holidays, that family and friend are what Christmas is about. This analysis will show the poetic devices used to carry the theme. The poetic devices that were used were repetition,imagery

A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. Most militaries maintain a court-martial system to try cases in which a breach of military discipline may have occurred. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Convention requires that prisoner of wars who are on trial for war crimes

International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century

1. Outline the main characteristics of a common law legal system. “Common law dates from the 11th century when William I set up Royal Courts to apply a uniform (common) system of law across the whole of England” (Hughes & Ferrett 2011). Until that time there were laws that were differently interpreted from one city to another. “Common law is generally uncodified system. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered

What is public participation. It is the deliberate process through which interested or affected citizens, civil society organisations and government actors are involved in policy making before a political decision is taken. It is the process through which stakeholders input and shares control over development initiatives decisions and resources and resources which affect them. it has been said to move beyond the traditional methods of public consultations by creating opportunities for

Opinion: I believe with the ruling. I am on the same page with Justice Samuel A. Alito Jr. I agree 100% with his writing for the court, which stated that family-owned companies like Hobby Lobby should not be enforced to recompense for insurance coverage for contraception for workers over their religious oppositions. I believe that this ruling is accurate

these prejudices against women and the struggle she faced lead to her involvement in women’s rights and equality. She became a lawyer and eventually rose up to become a supreme court justice, in the highest court in the land. Honest and hardworking americans, like President Bill Clinton, the first female supreme court justice Sandra Day O'Connor, Harvard professor and dean Albert Sacks, Marty Ginsburg and more have helped Mrs. Ginsburg to where she is today. Ruth Bader Ginsburg stands for equality

Coker V GA 1977 is a case in which the petitioner Ehrlich Anthony Coker was convicted and sentenced to death for rape. The case went all the way to the United States Supreme Court in which the court overturned the ruling saying it violated the Eighth Amendment as being cruel and unusual punishment. The petitioner Ehrlich Anthony Coker was already in prison for various crimes such as murder, rape, kidnapping and aggravated assault, when he escaped from the correctional facility in Georgia. After

Evaluate the roles and functions of each institution of the European. The European Union (EU) currently is made up of 28 member states that joined to benefit from the EU’s main aims. The EU’s main aims are free movement of goods, person, services and capital. The EU has institutions to help ensure theses aims and this essay will evaluate the roles and function of each institution of the European Union. The European Parliament (EP) is based in Strasbourg (some sessions are held in Brussels) and

essential ideology that European colonizers employed to justify their imperialist actions. Edward Said asserted that Europeans claimed that they had better knowledge about the oriental than the people who lived there, and it was their white man’s burden to civilize the oriental. Ironically, the knowledge about the oriental were created by Europeans who had limited understanding about oriental culture, custom, and history. To justify their occupancy in the oriental, some European travelers, observers

Supreme Court to take over the roles of law lords and the powers of the Judicial Committee of the Privy Council was devolved, removing the role of speakers in the House of Lords and the head of the Judiciary in England and Wales from the office of the Lord Chancellor. The act came into force in April 2006, has clearly delineate the separation of the judicial function from the other two bodies and has considerably strengthened the independence of the Judiciary which is the system of courts that interprets

that the Court of Justice might take into account, which may lead to supremacy being criticised demonstrating its continued existence may be challenged by national courts. In the case of Granital the Constitutional Court

during June 2016, it is time to review several impacts that the European Union has made to the UK´s Constitution. The United Kingdome joined the EU known at the time as the EEC the year of 1973 where the Conservative Party leader, Prime Minister Edward Heath ,. The United Kingdome has put ‘pen to paper’ on many treaties. Most of the treaties concern the transfer of power, laws and sovereignty from Westminster Parliament(UK) to the European Union. Some of the most remarkable treaties are The Treaty of

brought before a state court, it must be appealed in the state court of appeal if any party in the court is satisfied. Nevertheless, if still there is a controversy, the appeal is taken to the state supreme court (The American Judicial System, n.d). If still any party in that case still feels that justice has not been served, then the aggrieved party has the right to move to the federal Supreme Court which is the highest court

beginning of the European integration. According to Hirschl, judicialization of politics means relying on the judiciary in dealing with the moral and ethical issues encompassing public policies, and state affairs controversies. It has spread throughout the European Union starting at national level transcending state boundaries and continues to do so as today. “…judicialization has taken on many forms at the national and supranational levels, such as national constitutional courts declaring legislation

After World War II, European countries to strengthen the cooperation between each other, especially economic integration, and the pursuit of the ultimate political integration. To achieve these goals, six European countries in the early fifties signed the Treaty of Paris, creating the European Coal and Steel Community, followed in 1957, and signed two treaties of Rome, creating the European Economic Community and Euratom. These three are called the European Community Treaty. In the second article

the EU are the EU Commission- this is the man legislative organ of the community, the Council, the European Parliament and the European Court of Justice (ECJ). The fourth source of law is an external source- The Human Rights Act 1998 (the HRA 1998) came into effect in Oct 2000. This act makes most of the rights in the European Convention on Human Rights directly enforceable in the English courts. It requires signatory states to uphold a number of fundamental civil rights, including freedom of thought