StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

EU Legal Contexts - Essay Example

Comments (0) Cite this document
Summary
The author examines the situation which has arisen in Seda Kücükdeveci v Swedex GmbH & Co. KG Case C-555/07 which invoked the provisions of EC Directive 2000/78/EC and upholds nondiscrimination in matters of age in employment issues and prescribes equal treatment across all age groups. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.2% of users find it useful
EU Legal Contexts
Read TextPreview

Extract of sample "EU Legal Contexts"

Download file to see previous pages The company terminated her services on 19 December 2006, providing her with a notice period up to 31 January 2007, calculating the period of service as 3 years, that is the computation period commencing from the time she was 25 years of age. The company ignored her pleas that she was serving the company for a period of 10 years that is, since December 2006, and thus her notice period should have been four months and not over one month as provided to her in her termination notice. Aggrieved, the petitioner took up this matter with Labour Court on the grounds that the subject clause in German Civil Code (BGB) which denies credit for the period below 25th year of service validity was void and “Paragraph 622(2) of the BGB is a measure which discriminates on grounds of age, contrary to European Union law, and must be disapplied.”1 Laws: There were two main questions that need to be answered in this case. The first question would be in terms of whether national legislation such as that at issue, under which periods of employment completed by the employee before reaching the age of 25, which was not taken into consideration in calculating notice period for dismissal, constitutes a difference of treatment on grounds of age prohibited by European Union law, with special reference to EC Directive 2000/78/EC. ...
The main contention in the reckoning would be “Thus in the case of two employees each with 20 years’ seniority in service, the one who joined the undertaking at the age of 18 will be entitled to a notice period of five months, whereas the period will be seven months for the one who joined at the age of 25. … the situation of Ms Kucukdeveci shows – may, despite several years’ seniority in service in the undertaking, be excluded from benefiting from the progressive extension of notice periods in the case of dismissal according to the length of the employment relationship, from which older workers of comparable seniority will, by contrast, be able to benefit.” ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“EU Legal Contexts Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
EU Legal Contexts Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/law/1411889-eu-essay-legal-contexts
(EU Legal Contexts Essay Example | Topics and Well Written Essays - 1000 Words)
EU Legal Contexts Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1411889-eu-essay-legal-contexts.
“EU Legal Contexts Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1411889-eu-essay-legal-contexts.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF EU Legal Contexts

Concept Mapping of Social Communication and it's HIstorical Contexts

Communication being a complex social phenomenon relies on a number of related phenomena and processes, particularly history and traditions in communities or human groups, cultural determinants in a certain society, the political context in which a community or group exists, yet, gender and ethnical variables that also play significant role in the processes of information exchange.
There is no doubt that a researcher attempting not only to define the nets of informational exchange in a social group (whether it is a community of organizational environment) but also to provide a solid analysis of communication, needs to evaluate all of the above-outlined variables. Knowledge and past experience, for example, determine both the q...
7 Pages(1750 words)Case Study

Legal Systems and Contract Law

The contracts are basically of two types. Sometimes written contracts are required, e.g., when buying a house1. In general, the vast majority of contracts
are made orally, like buying a book at a shop. No doubt, the written form of contract has an edge over oral form, but it doesn’t mean that the oral contracts are not enforceable completely. The same principle applies here in case of a contract made between Colonsay Mountain Equipment Ltd (Colonsay) and Alpine Ski Slopes Ltd (Alpine).
Even though there was an oral agreement made between Colonsay and Alpine for advertising and promoting each other’s sports equipment, Alpine later entered into an agreement with another sports equipment company which is complet...
6 Pages(1500 words)Assignment

Current Legal, Ethical, and Regulatory Issues in Health Care

Unluckily, the borders have been violated and boundaries have been crossed. This results to compromise in patients’ care, and fatal consequences (Lakhan, 2007). 

According to Faria, Jr. (2003), the patient-doctor relationship that was formerly based on trust and beneficence has been violated. Moreover, the existence of HMO’s worsened the scenario. Many patients felt that their health care providers are no longer their advocates but rather, their adversaries. The relationship between the patient and the doctor was founded and based on privacy and trust. This has been an essential part of medical ethics and medical practice. However, the patient’s medical records confidentiality and privacy has been...
6 Pages(1500 words)Term Paper

Alternative Dispute Resolution Based on the English Legal System

In early England, the King’s common-law courts were seen to be effective in dealing with legal matters and provided better justice. These common-law courts were the competitors of the usual manorial courts in providing justice in a faster and more inexpensive manner. At present, the administrative tribunals have become a part of the legal order. Furthermore, they act as an alternative means to resolve disputes that pertain to specific areas (Mackie).

Arbitration in an international context was established by the Jay Treaty between the USA and the UK in 1794. The Permanent Court of Arbitration was founded in The Hague in the year 1899, and it consisted of several arbiters for international conflicts. This court had...
11 Pages(2750 words)Term Paper

Allocation of the Legal Burden

The burden of proof is a legal obligation for a party to prove its allegations in a court of law. The person who objects or complains has the burden of proof. For instance, if someone has accused another person or party of being guilty or not guilty then it is up to the first person to prove his accusations. Under English law, there are many types of burden of proof. A legal burden refers to an obligation upon a party for the duration of a case. The party can prove its claim once the burden of proof has been discharged by the court1.

Another type of burden of proof is the evidentiary burden that rotates between parties as the evidence comes. For instance, in any case, or hearing if a party submits some evidence than the...
10 Pages(2500 words)Term Paper

The Abuse of Legal and Illegal Drugs

Some of the drugs, which are subjected to abuse, are legal drugs like tobacco, alcohol, prescription and over the counter drugs; and the proscribed drugs like cocaine, crack, ecstasy and LSD. Treatment for addiction should be commenced as soon as possible and the objective should be to restore normalcy in the life of the teenage addict. It is futile to adopt half measures or to ignore the problem. The sale of drugs either by prescription or over the counter has to be kept under strict surveillance. Teenagers constitute the future of the nation and it is incumbent upon adults to ensure that the former do not succumb to the lure of drugs.

Drug addiction is a disease that pertains to the brain. It can be cured by proper me...
12 Pages(3000 words)Term Paper

Legal Aspects of Commercial Contracts

In addition, the working day could not exceed eight hours. Moreover, individuals working in the night shift had to be provided with free health assessments. Further, every worker was to be permitted an eleven hour rest period daily (Hardill, 2002. P. 66). In addition, there had to be a one day break from work per week. Furthermore, if the number of working hours were in excess of six hours per day, then the employer had to allow a rest break during the working hours. Finally, it was specified that every worker was entitled to four weeks of paid leave per annum (Employment Matters, 2007).

At the time of his employment, Ben was seventeen years. All the same, he was made to work for more than forty hours a week. In additio...
6 Pages(1500 words)Case Study

Structure of the Legal Profession in the United Kingdom

However, the partition of Ireland in 1922 was a major turning point in the current state of affairs of the UK’s legal system. This event also influenced the religious leanings of each constituent according to the Catholic or Protestant majority as the case may be in each region. (The Legal Profession)
There are basically three constituents in the nation’s legal structure comprising England and Wales, Scotland, and Northern Ireland. Although England and Wales are two separate constituents, their legal structure is the same. England and Wales also have the same legal jurisdictions. Scotland’s legal scripts are based on the ancient Roman laws. The Scottish parliament can enact and amend legislation on domestic...
6 Pages(1500 words)Assignment

The Subject of Legal Abortion

The simple ideology is embraced by some but the arguments are flawed when the realities of abortion are examined. Studies have shown that most women are coerced into committing this murderous act of a living human and that there is no such thing as safe abortions as many are led to believe. Pro-abortion proponents generally espouse that the rights of a non-living tissue that feels no pain are non-existent. These untruths have been widely perceived as facts. In addition, the Founding Fathers of this nation intended to shape not only the legal but the moral direction of American society as well when they drafted the Constitution, the document that defines the laws of the nation. If they were alive today, the Founders clearly would b...
8 Pages(2000 words)Coursework

Why Marijuana Should Be Declared Legal in the United States

This paper will critically consider whether marijuana should be declared legal in the United States.
Marijuana, scientifically known as Cannabis sativa has existed in the united states since the 19th century. This is to means that, it has been a common plant in many regions of the United States. Initially, marijuana also referred to as hemp had multiple purposes, including the weaving of different materials (Caulkins et al, 2012). Moreover, it was used as a preferred incense and also as a food source. However, marijuana only became known as a recreational drug that was the center of public opinion in the 1990s despite its use in a couple of centuries.

In the 19th century, marijuana became a common preference for ma...
6 Pages(1500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic EU Legal Contexts for FREE!

Contact Us