European Court of Justice

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  • Direct Effect In European Union Law

    of the European Union and its creation of overarching rules amongst its member states. These overarching rules are created in competence by the member states in order to achieve ‘…objectives that they have in common.’ In order to execute these common objectives, the principle of direct effect holds each member state accountable for the laws decided as a collective through the implementation of the European Court of Justice against member states. Various articles in the Treaty on European Union…

    Words: 896 - Pages: 4
  • What Is The Right To Be Forgotten

    The right to be forgotten is a concept discussed and put into practice in the European Union (EU) and Argentina since 2006.The European Union adopted the European Data Protection Directive to regulate the processing of personal data.EU gave a legal base to internet protection for individuals. European Court of Justice ruling that citizens in 28 countries have the right to be forgotten such as European Union, Spain, Germany, Argentina, India, United States ,south Korea, china etc. The right to be…

    Words: 556 - Pages: 3
  • Essay On Judicial Precedent

    though has negative attributes. Case law is notoriously slow to change through rigidity and only repealed through an appellate court or legislation. Legal precedent is known by the Latin ‘Stare decisis et non quieta movere’ or to stand by decisions and not to disturb settled matters”. When a judicial judgement has been given by the court that will be binding on any future court if the material facts are the same. This doctrine can be traced back to the…

    Words: 1215 - Pages: 5
  • Paquete Habana Case Study

    unaware of the blockade. Both ships were taken to Florida and sold at auction after a district court ruled that they were not “exempt from seizure.” (DRW, p. 82) The case was appealed and heard by the U.S. Supreme Court. One of the issues in the case was whether, if a rule is not codified in U.S. law but is a generally accepted practice and/or law for other nations, does that practice/law…

    Words: 1715 - Pages: 7
  • Scotland Act 1998 Case Study

    of the courts, court procedures and the funding of legal aid. (Scottish Parliament Information Centre, 2014). In Scotland, there are 3 main types of civil courts, namely, the Sheriff Courts, Court of Session and since 2009 the UK Supreme Court. By far the most important and most widely used court in Scotland is the Sheriff Court. Since 1975, Scotland has been divided into 6 sheriffdoms with 142 sheriffs in post, there are currently 39 Sheriff Courts…

    Words: 2247 - Pages: 9
  • Spuranationalism And Supranationalism

    The European Union is an organization wherein its structure and decision-making roots back to the concepts of spuranationalism and intergoventmentalism and the experiences it gained in the past; now it stands as effective cultural and monetary center but fail in foreign and security policy as it faces critiques. In definition supranationalism entails how the European Union is an organization that has power “above the nation”. It stands as an organization that has power independent of the…

    Words: 1671 - Pages: 7
  • Human Rights Act Of 1998 Essay

    In November 2000, the European Convention on Human Rights was incorporated into the UK law through the Human Rights Act of 1998. The Human Rights Convention came into effect in 1953 and was technically ratified by the UK in 1966 when it recognised the compulsory jurisdiction of the European Court of Human Rights . The Convention outlines fundamental human rights, including: right to life, freedom from torture and inhuman or degrading treatment, freedom from slavery or forced labour, freedom of…

    Words: 2000 - Pages: 8
  • Colonization, Racism And Overrepresentation In The Criminal Justice System

    Intro The emergence of indigenous courts captures the general public’s attention. Not only deploying innovative practices of justice, it acknowledges the devastating and enduring effects that indigenous people suffer since the period of colonization. Indigenous people continue to be disproportionately disadvantaged in the society. Since the early 90s, nations such as Australia and Canada begin to be more aware of the difficulties that indigenous people have confronted such as the effects of…

    Words: 1331 - Pages: 6
  • Parliamentary Sovereignty

    constitution of the United Kingdom has long been a source for debate due to the fact that unlike many other nations the United Kingdom keeps no single constitutional document and instead has an uncodified constitution comprising mainly of Acts of Parliament, court judgments and conventions. The need for a codified constitution never arose in the United Kingdom as the country has been stable for too long, its democracy has developed over a long period of time rather than through a revolution.…

    Words: 772 - Pages: 4
  • Differences Between A Lease And A License

    Leases over 3years must be registered with land register but a licence is terminated whenever requested by the owner. Unless a tenant has exclusive possession there is no lease but a mere licence. This can be shown in the case Street v Mountford [1985], where Ms Wendy Mountford had concluded an agreement with the landlord for exclusive residential occupation (of…

    Words: 3771 - Pages: 16
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