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Essays on european court

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Examples List on European Court

European Court of Justice

European Court of Justice

10 pages (2500 words) , Download 1
The ECJ's refusal to countenance the horizontal direct effect of directives is based on unconvincing arguments. Furthermore the ECJ's various attempts to mitigate the effects of the lack of horizontal direct effect of directives by creating an array of additional doctrines has led to an unacceptable degree of confusion."
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European Court on Human Rights

European Court on Human Rights

6 pages (1500 words) , Download 1
The United Nations has approved the International Bill of Rights and nine human rights core treaties, and organised monitoring bodies to keep track of their implementation by UN member states that have ratified or acceded to these treaties. There are many other universal human rights instruments such as declarations that "have no binding legal effect, but.(wield) undeniable moral force and provide practical guidance to States in their conduct" as well as covenants and protocols that are "legally binding for those States that ratify or accede to them." (OHCHR)
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The European Court of Human Rights

The European Court of Human Rights

3 pages (750 words) , Download 2
The European Court of Human Rights Name: Institution: The European Court of Human Rights The protection of national human rights is a herculean task that has presented challenges in so many countries. This is because of the issues of law drafting, presentation, analysis and overall application…
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INL3011 : EUROPEAN COURT OF HUMAN RIGHTS

INL3011 : EUROPEAN COURT OF HUMAN RIGHTS

7 pages (1750 words) , Download 2
European Court OF Human Rights Name Date The European Union has a common legal system which is the basis of its operations and commonality mandated by the legal order. The union is able to achieve its objectives by making new laws and abiding by it. The EU legal order has so far achieved a lot…
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EU law (European Court of Justice)

EU law (European Court of Justice)

8 pages (2000 words) , Download 1
I will advise James and Neil that they both have a remedy under European law specifically under the Greyhounds Directive 2005 ('the Directive') to claim for damages and compensation against the British government. The primary issue in the given problem is whether the Directive has a direct vertical effect such that James and Neil can claim rights under it against the State.
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Judicial activism of the European Court of Justice

Judicial activism of the European Court of Justice

12 pages (3000 words) , Download 1
Name: University: Course: Tutor: Date: Judicial activism of the European Court of Justice (ECJ) Introduction Judicial activism refers to the assumption of legislative powers by a court by way of creating policy. In this case, there is a transfer of decision making rights from the cabinet, the legislature or the civil service to the courts…
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European court of justice on the free movement of workers

European court of justice on the free movement of workers

9 pages (2250 words) , Download 1
The essay pays special attention to European court of justice on the free movement of workers. The European Court of Justice has defined 'work' for the purpose of the right to freedom of movement to include seasonal jobs, part-time and full time jobs as well as the right to access university education…
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The European Court of Human Rights: A Critical Appraisal

The European Court of Human Rights: A Critical Appraisal

4 pages (1000 words) , Download 1
The European Court of Human Rights (ECtHR) was created for the purpose of putting method and order in the hearing of human rights complaints from Council of Europe member states. It's mission is to enforce the European Convention for the Protection of Human Rights and Fundamental Freedoms, ratified in 1953.1 There have been beneficial changes as an outcome, and one of this is that countries found to have been amiss in their obligations under the Convention are duty bound to make their laws comply.2 On the other hand, there are many criticisms to the ECtHR's procedures and jurisprudence with the member state's national laws in tow.
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European Court Of Justice and Free Movement of Persons

European Court Of Justice and Free Movement of Persons

10 pages (2500 words) , Download 2
The focus of the essay "European Court Of Justice and Free Movement of Persons" is to look at the development of the concept of citizenship since the conception of the Maastricht Treaty.Of particular interest is whether the introduction of Union citizenship provisions added significantly to Community law…
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European Court of Justice on the Free Movement of Workers

European Court of Justice on the Free Movement of Workers

8 pages (2000 words) , Download 1
This essay first traces the evolution the evolution of the legislation surrounding the free movement of persons in Europe. Thereafter, for the benefit of better understanding, the substantive right to free movement of workers is briefly discussed. …
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The Ruling by the European Court of Justice

The Ruling by the European Court of Justice

6 pages (1500 words) , Download 1
Name: Institution: Course: Tutor: Date: The ruling by the European Court of Justice (now the Court of Justice of the European Union) in the case of Semen v Deutsche Tamoil GmbH (C-348/07) means that a Principal in the UK will never choose indemnity on the termination of a commercial agency…
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How does the preliminary ruling procedure for the European Court of Justice work

How does the preliminary ruling procedure for the European Court of Justice work

3 pages (750 words) , Download 1
Institution Instructor Date Preliminary ruling procedure for the European Court of Justice Established in 1952, the European court of justice is the highest in the European Union in matters pertaining to Union law.1 It is located in Luxembourg…
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Britains 6 million carers are on the verge of winning unprecedented rights following a European court opinion that would p

'Britain's 6 million carers are on the verge of winning unprecedented rights following a European court opinion that would p

12 pages (3000 words) , Download 1
Introduction Carers in the UK are valued. There are provisions that state that carers are entitled to assistance if they need it, and that carers are entitled to a good pension if they are caring for a dependent more than 20 hours per week. Moreover, there are specific provisions that state that individuals who are carers are entitled to have flexible working schedules if they have good reason, and an employer cannot unreasonably deny this…
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Has the ECHR Struck a Balance in Dealing with International Terrorism
Has the ECHR Struck a Balance in Dealing with International Terrorism
13 pages (3250 words) , Download 1
The author of the current research paper "Has the ECHR Struck a Balance in Dealing with International Terrorism" primarily claims that the world has changed significantly since 1950 when the European Court of Human Rights (ECHR) was first established…
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The constitutional jurisprudence of the European Court of Justice is a paradigm of judicial Activism. Discuss in relation to Art. 234 EC

The constitutional jurisprudence of the European Court of Justice is a paradigm of judicial Activism. Discuss in relation to Art. 234 EC

12 pages (3000 words) , Download 1
The formal role of the European Court of Justice, as set out in the Treaty, is merely to “ensure that in the interpretation and application of this Treaty, the law is observed.”1 According to George Bermann, the “EEC Treaty.was conceived as an international agreement,…
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European Court of Justice Turner v Grovit and Harada

European Court of Justice Turner v Grovit and Harada

10 pages (2500 words) , Download 1
This essay "European Court of Justice Turner v Grovit and Harada " Addressing this particular issue, the discussion henceforth will evaluate whether the consideration of anti-suit injunction as an act of interference by a foreign court is justifiable…
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The European Court of Justice has distorted the purpose of the preliminary ruling procedure, as set out in Article 234 EC. The relationship between the nationa

The European Court of Justice has distorted the purpose of the preliminary ruling procedure, as set out in Article 234 EC. The relationship between the nationa

10 pages (2500 words) , Download 1
The relationship between the national courts of the European Union’s Member States and the ECJ has been moulded into one characterized by hierarchy and…
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Critically Appraise the Decision of the European Court of Justice in Case C-236/09 Association belge des Conssommateurs Test-Ach

Critically Appraise the Decision of the European Court of Justice in Case C-236/09 Association belge des Conssommateurs Test-Ach

7 pages (1750 words) , Download 1
CASE ANALYSIS By: name Instructor Institution Date Case Analysis This paper aims at analysing, critically, the European Court of Justice’s judgement in the Case “C-236/09 Association belge des Conssommateurs Test-Achats ASBL & Others v Conseil des ministres”…
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Insurance Law
Insurance Law
9 pages (2250 words) , Download 1
The author of this essay "Insurance Law" touches upon the issues in reference to insurance law, in Europe. According to the text, it is evident that the region’s community organization is not comfortable gender inequalities arising in different fields of life. …
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Is legal pluralism incompatible with the human rights An analysis of the case law of the European Court of Human Rights in relation to Turkey

Is legal pluralism incompatible with the human rights An analysis of the case law of the European Court of Human Rights in relation to Turkey

20 pages (5000 words) , Download 1
In view of the latest spate of international conflicts, the relationship between human rights and religion, in particular Islam, is a vital…
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Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples

Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples

4 pages (1000 words) , Download 1
25). This means that primary sources of EC law (treaties) and secondary sources (regulations, directives and judicial decisions)…
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Article 234 EC Treaty and the European Court of Justice

Article 234 EC Treaty and the European Court of Justice

8 pages (2000 words) , Download 1
The paper "Article 234 EC Treaty and the European Court of Justice" states that the European Court of Justice plays different roles under different Articles of the EC Treaty. Under Article 230, it acts as an Administrative Court that exercises judicial review over national and Community legislation…
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European Convention on Human Rights

European Convention on Human Rights

15 pages (3750 words) , Download 1
The main objective of the present essay is to critically analyze the evolution of the idea of positive obligations under the European convention on human rights. The writer uses examples from the case law of the European court of human rights to illustrate general points…
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In 2012, the European Court of Human Rights endorsed the recognition of the right to truth. Does this open the way for greater accountability in future cases of abuse Critically Discuss

In 2012, the European Court of Human Rights endorsed the recognition of the right to truth. Does this open the way for greater accountability in future cases of abuse Critically Discuss

10 pages (2500 words) , Download 2
On the 12th of December 2012, the European Court of Human Rights (ECtHR) made a ruling that marked a significant milestone in the quest of the court to ensure accountability in cases related to violation of human rights. This was especially in cases concerning terrorism, which…
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Compare and contrast the judgements of the European Court of Human Rights in Refah Partisi & Others v Turkey (judgment of Grand Chamber 13 February 2003) and United Communist Party Case v Turkey (judgment of 30 January 1998). Can they be reconciled

Compare and contrast the judgements of the European Court of Human Rights in Refah Partisi & Others v Turkey (judgment of Grand Chamber 13 February 2003) and United Communist Party Case v Turkey (judgment of 30 January 1998). Can they be reconciled

10 pages (2500 words) , Download 1
Compare and contrast the judgments of the European Court of Human Rights in Refah Partisi & Others v Turkey (judgment of Grand Chamber 13 February 2003) and United Communist Party Case v Turkey (judgment of 30 January 1998). Can they be reconciled?
European Convention of Human…
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