European Court of Justice

Direct effect is a principle enabling individuals to rely on European provisions before a national or European court. This principle was broadened and defined over time through cases brought before, and rulings of, the European Court of Justice. To understand how direct effect evolved and to what extent it protects individual rights, we must look at those cases and rulings in a chronological matter. I will firstly examine direct effect’s scope of application over time, and then turn my attention to how the extension of its scope of application affected the protection of individual rights. The doctrine of direct effect was born in 1963 in the case known as Van Gend En Loos. The case was brought before the European court of justice by a postal…

United Kingdom App. The essay sets out to discuss the Vinter and others v the United Kingdom. In particular, the essay focuses on facts that lead to the European Court of Human rights to hear the case. In addition, the paper discusses the Court’s decision and analysis of the decision using cases that have been heard after the Vinter and others v the United Kingdom. Summary of the facts that led to the European Court of Human Rights hearing The facts that led the European Court of Human Rights…

European integration led to the empowerment of its other institutions, the Court of justice of the European Union (CJEU) as a result has taken an essential active role in the European Union by forming the Union’s legal order. Initially, the European Union envisaged as an international organisational for the purposes for economic and political interest has further developed in which the courts have permitted individuals to enforce rights under European Union law in national courts. Although the…

Introduction The issue on whether the principle of supremacy (hereinafter called ‘POS’) of European Union (EU) law where EU law takes precedence over national law still stands firmly, or it is merely a hallucination in the eyes of national courts will be tackled by looking at the Member States’ (MS) responses to European Court of Justice (ECJ) decisions and the methods of ‘qualification’ to EU law’s supremacy that MS adopted alongside with the academics opinions. 2.0: EU law is supreme It is…

the disease, death and deceit that runs rampant throughout the court of Denmark. For her to have downed among the weeping willows, no to have downed herself, to escape the woes that littered her mortal coil. Without a man to guide her no wonder she drifted astray, condemned to hell for the abomination of her death. Hamlet without a doubt would have set he on this damned path. His fruitless courtship of Ophelia, using his silver tongue to the pluck at her heart strings. She gave her heart away as…

editor of WikiLeaks, a public-interest publication all over the world. On November 2010, Assange was wanted in Sweden for questioning on the charges of rape, sexual molestation, and unlawful coercion . Subsequently, a Swedish public prosecutor took from Stockholm District Court a domestic detention order against Mr Assange. In compliance with the criminal law of Sweden, the detention order is admissible for the prosecutor to accelerate to issue a European Arrest Warrant . In order to evade…

treatments and rights, including statutes and case law. The Human Rights Act 1998 and the European Court of Human Rights mean that this legislation is now more widely interpreted to make it compatible with Europe’s convention on human rights. There are advantages to the policy in PSI 49/100, for example it can protect public order and security and the…

What is known as the doctrine of international law of sources refers that the two means in making international law the first being international agreements i.e. treaties and the second state practices accepted as law i.e. “Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda” (Janis 50). This was expanded upon by article 38 in the…

Due to its ground breaking nature, the database is an intellectual creation and is protected under the WIPO Copyright Treaty per article 5. Furthermore, the company is based in America and should only have to comply with U.S. regulations. It would be unreasonable for another state to interfere with the sovereign and domestic law of the United States. To do so would be a violation of the United Nations Charter Article 2(1). Under 1 U.S.C. § 1 any Act of Congress that uses “person” and “whoever”…

10. Would it help the ICC if a new Asian Regional Criminal Court will be created? Could such a new court harm the interest of the ICC? In my opinion, creating a new court would not help the ICC, rather it would harm its interest in a way that it would totally undermine the judicial powers of the ICC. 11. Can the facts exposed by the ICC help to improve the international community even if the ICC itself doesn 't put many criminals in prison? Even if the facts are exposed by the ICC, it would…