EUROPEAN LAW REVISION NOTES BACKGROUND INFORMATION The UK joined the EU in 1973. Originally sent up following World War 2‚ the EU was an attempt by many western European countries to rebuild their economies by working closely together. The idea was that they would be more prosperous when working together. The countries then decided that they would share a common framework of laws in the areas of employment and the trading of goods and services between the countries. Now EU Laws cover other
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THE IMPACT ON DIRECTORS OF EU DIRECTIVES IN RESPECT TO EMPLOYMENT CONTRACTS •The member states commit themselves to make the required measure to ensure the laws‚ regulations‚ collective agreements or independent occupations are not contrary to the principles of equal treatment. •The majority of the EU law on employment and industrial relations are contained in EU directives- member states are to accomplish the objectives contained within a directive by a specific date. If they breach to adhere
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discrimination against non nationals and if the Redundancy payments Act can be seen as discriminatory against Carlota and justifications the member state may have against this. In the last paragraph‚ I will be talking about the direct effect of Directives‚ and state liability as in Francovich & Bonifaci v Italy. Issues: paragraphs 1-3 The issues arising are whether the Luxembourg law (which prohibits the sale of any drink containing more than 5% sugar) constitutes a measure equivalent to
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Reading General reading: From your preferred text book: Craig and De Burca (more on 241-254 than on 218-241) Case law *Cases C-6/90 and C-9/90 Francovich and Bonifaci v. Italy [1991] ECR I-5357 ** Cases C-46 and 48/93 Brasserie du Pecheur v. Germany and Factortame v. UK (Factortame III) [1996] ECR I-1029 Case C-224/01 Köbler v. Austria [2003] ECR I-10239 Journals Emiliou N‚ ‘State Liability under Community Law: Shedding more Light on the Francovich Principle?’ (1996) 21 ELRev 399 Beutler
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economic and commercial factors hindering the development of effective health & safety in the UK stem from the burden of bureaucracy. This has been found to be due to: A. Complex Structure of Legislation 1. EU Framework Directive 1989 2. Duplication of Legislation B. Development of ‘Compensation Culture’. 1. Strict Liability 2. Over Compliance/insurance & H&S Cons The Burden of Bureaucracy.
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construed‚ confer no right on a company incorporated under the legislation of a Member State and having its registered office there to transfer its central management and control to another Member State . 2 . The title and provisions of Council Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services refer solely to the movement and residence of natural
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Brasserie du Pêcheur SA v Federal Republic of Germany Brasserie du Pêcheur SA is a French brewery. Until 1981‚ it exported beer to the Federal Republic of Germany. In late 1981‚ however‚ it was forced to discontinue the exports. Federal Republic of Germany objected that the beer Brasserie produced did not comply with the German Reinheitsgebot (purity requirement) laid down in the Biersteuergesetz (Law on Beer Duty). Article 34 of TFEU (Art. 28 of TEC) Quantitive restriction on
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presentation and advertising of foodstuffs was amended as regards the indication of ingredients present in foodstuffs‚ which required that certain allergenic ingredients and products thereof must be indicated on the label of a foodstuff. This Directive amended Directive 2000/13/EC through the addition of Annex IIIa which lists these allergens. How has this
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Part 1 Billy is advised that the EU law is higher than the UK law because when the UK joined the EU on 1 January 1973‚ the UK gave up some sovereignty on making law to the EU. An Example can be seen in the case of Costa v ENEL (1964). In this case the Italian government tried to argue that its courts should follow Italian law as conflicted to community law but the ECJ ruled stating that as joining the EC the members sign and limit their sovereign rights for making law although in limited fields
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question arose of the direct effect of directives. The Court held that the doctrine of direct effect did apply to directives. However‚ directives had only ‘vertical’ direct effect; that is‚ they could be relied on only vis-à-vis a Member State. Therefore‚ individuals could only claim the rights conferred by directives against the state or emanations of the state . This more limited version of the doctrine prevented individuals claiming rights under the directive as against other private actors (‘horizontal’
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