Supremacy and Member States - Free Essay Example

Sample details Pages: 5 Words: 1615 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Did you like this example? A Study of EU Supremacy and Member States Introduction Each of the member states of the European Union have a constitution of some sort; whether its written or otherwise. Most of them have a written constitution (with the United Kingdom being one of the few who doesnt), and this can cause a great many problems when it comes to EU supremacy if it in any way conflicts with their constitution. Although one of the conditions of membership of the European Union is that member states give priority to EU legislation over their own, many were (and still are) unwilling to surrender the authority of their own law. The following essay will explain what is meant by the concept of supremacy of the European Union, then go on to examine the importance of the constitution in Germany and France and their contrasting reactions of the governments and court systems to European supremacy. Finally, these will be compared to the constitution and reactions here in the UK. Don’t waste time! Our writers will create an original "Supremacy and Member States" essay for you Create order Supremacy The idea of the supremacy of EU law stems from the fact that in certain situations, the constitution and laws of the member state may conflict with those of the EU. When this happens, the member state in question is meant to ignore their own National laws and let EU law take precedent. As Foster said, it can be looked at from two angles; that of the Union, and that of the member state[1]. While there is no specific provision of the Treaty on European Union (TEU) which expressly regulates the supremacy of EU law over that of member states, but it is implied in Article 4(3) of the TEU with the fidelity clause. This imposes a duty on all member states to ensure that appropriate measures are adopted to ensure that the obligations of the treaty are observed, as well as a negative duty to refrain from acts which might prevent the achievement of any objective of the treaty. The idea of supremacy as it stands today regarding member states was created and developed through a number of im portant cases and rulings; the first of which is Van Gend en Loos v Nederlandse Administratie der Belagstingen[2]. Here, a conflict between the national law of the Netherlands and EU law, and citizens would have had no protection if they had to rely on National law. The European Court of Justice held that the treaty in question was meant to protect individual, and therefore the Netherlands had failed to comply with EU law. It was held that individuals in the Community could uphold their rights under Community law in National courts as member states had limited their sovereignty when becoming part of the EU (although these limits were in the range agreed in the EC Treaty), saying that The Community constitutes a new legal order in international law, for whose benefits the States have limited their sovereignty rights, albeit within limited fields. This was the first time that EU was regarded, if not specifically stated, as superior by the Court of Justice. Costa v ENEL marks the first time that this fact was expressly stated. Here, the issue raised was whether a National court should refer a case to the Court of Justice if Community law may be applicable, or merely use National law. It was held that EU law holds precedent over all contradicting National laws, thus confirming the EUs overall legal supremacy. Regardless of what is held in any case presented or what is specifically stated by the EU, there are still a great many conflicts over their supremacy; especially where a member states Constitution is concerned. Germany The Robert Pattenson State to the EUs Twilight Saga. Germanys Constitution is known as the Basic Law for the Federal Republic of Germany, and has been effect since 1949 (in West Germany; 1990 in a reunited Germany). It holds great importance to the nation as its purpose is to ensure that a political dictator could never again take power in the aftermath of World War II, and to establish a stable Government and parliamentary system. Although Germany were one of the founding members of the EU, membership caused some initial problems with regards to the constitution. Mainly, there was a question of the basic principles of Basic Law being under adequate protection under Community Law. This was further aggravated with the Court of Justices decision in Internationale Handelsgesellschaft, in which the ECJ held that not even a elementary principal of a National constitution could be used to challenge the supremacy of EU law. Matters are further complicated when the fact that Germany has five separate courts the ordinary, specialised, social security, labour, and tax as well as the constitutional courts is taken into account. The Federal Tax Court has already refused to acknowledge the sovereignty of EU law in two cases (1981 and 1986), and in the second case contradicted a ruling of the ECJ. Ironically, this violated the German Constitution, which states that no one shall be deprived of their rightful judge (which in this case was the ECJ). Germany is one of (if not the most) reluctant member state to accept EU sovereignty, challenging Community law whenever the opportunity presents itself, to the point that there is a long running saga of them opposing the ECs banana regime. France The Constitution of the Fifth Republic was adopted in 1958, and established France as a secular and democratic country. The French courts are divided in to two factions, ordinary and administrative, as well as the Constitutional court. Despite the fact that they are all subject to Article 55 of the French constitution (which states that Treaties or agreements duly ratified or approved shall, upon publication, prevail over Acts of Parliament, subject, with respect to each agreement or treaty, to its application by the other party), they have had drastically different attitudes towards the integration of EU law. The French ordinary courts had no difficulty in accepting the supremacy of EU law, making Article 267 TFEU (previously Article 234 EC) references to the ECJ and complying with Article 55 of the Constitution. The French Supreme court actually supported EU Supremacy without reference to the constitution due to the direct effect of EU law itself, seen in the case of Cafe V abre[3]. Here, the article now known as Article 110 TFEU was held to succeed over national statue. Consequently, the lower courts have been seen to follow this example. The French administrative courts, however, take a substantially different approach. In fact, the Supreme Administrative Court, Conseil dÃÆ'†°tat, has on occasion completely disregarded EU law supremacy or the necessity to make a reference to the Court of Justice. This comes down to one of the French principals of law, acte clair, which states that if a provision of law is clear, there is no need to make reference to a higher court and is merely to be applied. This can be seen in the case of Minister of the Interior v Cohn-Bendit[4], where it was held that an individual could not rely on directives to challenge the administrative courts. Nevertheless, in more recent times there has been a more accommodating approach when it comes to the acceptance of EU supremacy in the French administrative courts. The two m ost notable cases on this front are Nicolo[5], in which the Conseil dÃÆ'†°tat re-evaluated its view of the supremacy of international law over domestic (chiefly due to Article 55 of the French Constitution), and Boisdet[6], where a piece of incompatible national law was declared invalid due to Community regulations. In light of the overall acceptance of EU law supremacy, the French constitution was amended in 1992 to include Title 15, Articles 88-1 to 88-7. This deals directly with the European Union and the extent of its supremacy in relation to national law. The only issue with this is that the Articles do not explicitly state whether or not Community law takes precedence over the Constitution, and some recent judgements have suggested that international obligations are not automatically supreme. There is still some debate in literature as to the full extent of this. The United Kingdom The United Kingdom is one of the few member states of the EU to have an unwritten constitution. Instead our principals are drawn from various sources written and unwritten which includes both legislation and common law. Because of this, it is held that No act of parliament is unconstitutional, for the law of the land knows not the word or the idea[7]. This can make things easier when it comes to implementing any international obligations imposed by the EU, as there is more flexibility of the constitution. The UK take what is known as a dualist approach, which means that any law passed by the EU that is not directly applicable (under Section 2(1) of the European Communities Act 1972) does not apply under UK domestic law until there is a piece of secondary legislation to give it effect. Section 2(4) of the ECA also deals with the association between EU law and National law without expressly stating that the former has sovereignty. Conclusion This Bibliography Foster on EU Law, [3rd Edition, 2011], N. Foster Law of the European Union, [3rd Edition, 2001], P. Kent The Member States of the European Union, [2005], S. Bulmer and C. Lequesne Constitutional Law of the European Union, [2nd Edition, 2005] Various Authors English Constitutional History, [1967] S.B. Chimes Application of Articles 81 82 EC by the French Ordinary Courts. A Procedural Perspective, [2001] C. MomÃÆ' ¨ge and L. Idot [1] Foster on EU Law [Fourth Edition], 2013, pg 131, chapter 5.1 [2] Van Gend en Loos v Nederlandse Administratie der Belagstingen [1963] E.C.R. 1 [3] Cafe Vabre, [1975] 2 CMLR [4] Minister of the Interior v Cohn-Bendit [1980] 1 CMLR 543 [5] Nicolo, [1990] 1 CMLR 173 [6] Boisdet, [1990] 1 CMLR 3 [7] English Constitutional History, [1967] S.B. Chimes

The National Basketball Association ( Nba ) - 760 Words

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Cyber Bullying Outline And Thesis Free Essays

Actions that use information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm another or others. †¢use of communication technologies for the intention of harming another person †¢use of internet service and mobile technologies such as web pages and discussion groups as well as instant messaging or SMStext messaging with the intention of harming another person. Examples of what constitutes cyberbullying include communications that seek to intimidate, control, manipulate, put down, falsely discredit, or humiliate the recipient. We will write a custom essay sample on Cyber Bullying Outline And Thesis or any similar topic only for you Order Now The actions are deliberate, repeated, and hostile behavior intended to harm another. Cyberbullying has been defined by The National Crime Prevention Council: â€Å"When the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person. † A cyberbully may be a person whom the target knows or an online stranger. A cyberbully may be anonymous and may solicit involvement of other people online who do not even know the target. This is known as a ‘digital pile-on. ‘ Cyberbullying vs. Cyberstalking Further information: Cyberstalking The practice of cyberbullying is not limited to children and, while the behavior is identified by the same definition when practiced by adults, the distinction in age groups sometimes refers to the abuse as cyberstalking or cyberharassment when perpetrated by adults toward adults.   Common tactics used by cyberstalkers are performed in public forums, social media or online information sites and are intended to threaten a victim’s earnings, employment, reputation, or safety. Behaviors may include encouraging others to harass the victim and trying to affect a victim’s online participation. Many cyberstalkers try to damage the reputation of their victim and turn other people against them. Cyberstalking may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass.   A repeated pattern of such actions and harassment against a target by an adult constitutes cyberstalking. Cyberstalking often features linked patterns of online and offline behavior. There are consequences of law in offline stalking and online stalking, and cyber-stalkers can be put in jail. Cyberstalking is a form of cyberbullying.   Comparison to Traditional Bullying Certain characteristics inherent in online technologies increase the likelihood that they will be exploited for deviant purposes. Unlike physical bullying, electronic bullies can remain virtually anonymous using temporary email accounts, pseudonyms in chat rooms, instant messaging programs, cell-phone text messaging, and other Internet venues to mask their identity; this perhaps frees them from normative and social constraints on their behavior. Additionally, electronic forums often lack supervision. While chat hosts regularly observe the dialog in some chat rooms in an effort to police conversations and evict offensive individuals, personal messages sent between users (such as electronic mail or text messages) are viewable only by the sender and the recipient, thereby outside the regulatory reach of such authorities. In addition, when teenagers know more about computers and cellular phones than their parents or guardians, they are therefore able to operate the technologies without concern that a parent will discover their experience with bullying (whether as a victim or offender). Another factor is the inseparability of a cellular phone from its owner, making that person a perpetual target for victimization. Users often need to keep their phone turned on for legitimate purposes, which provides the opportunity for those with malicious intentions to engage in persistent unwelcome behavior such as harassing telephone calls or threatening and insulting statements via the cellular phone’s text messaging capabilities. Cyberbullying thus penetrates the walls of a home, traditionally a place where victims could seek refuge from other forms of bullying. Compounding this infiltration into the home life of the cyberbully victim is the unique way in which the internet can â€Å"create simultaneous sensations of exposure (the whole world is watching) and alienation (no one understands). â€Å"For youth who experience shame or self-hatred, this effect is dangerous because it can lead to extreme self isolation. One possible advantage for victims of cyberbullying over traditional bullying is that they may sometimes be able to avoid it simply by avoiding the site/chat room in question. Email addresses and phone numbers can be changed; in addition, most e-mail accounts now offer services that will automatically filter out messages from certain senders before they even reach the inbox, and phones offer similar caller ID functions. However, this does not protect against all forms of cyberbullying; publishing of defamatory material about a person on the internet is extremely difficult to prevent and once it is posted, many people or archiving services can potentially download and copy it, at which point it is almost impossible to remove from the Internet. Some perpetrators may post victims’ photos, or victims’ edited photos like defaming captions or pasting victims’ faces on nude bodies. Examples of famous forums for disclosing personal data or photos to â€Å"punish† the â€Å"enemies† include the Hong Kong Golden Forum, Live Journal, and more recently JuicyCampus. Despite policies that describe cyberbullying as a violation of the terms of service, many social networking Web sites have been used to that end. How to cite Cyber Bullying Outline And Thesis, Papers

Accounting and Financial Reporting The Development Process

Question: Describe about the Accounting and Financial Reporting for The Development Process. Answer: The management of staff members is very much for an organization as they contribute their efforts to achieve the organizational goals. The employees should be provided with appropriate training, knowledge programs that help them to increase their efficiency as well as carrying out their tasks objectives. As per the Woolworths, the sustainable development process is being depicted for the purpose of the improvement of the organization performance and also it helps in indicating the appropriate staffs and the members. The key issues which are identified during the process of preparing the financial report depict the inefficiency of the staffs and the decrement of the production with the increment of the costs (Dauber, 2005). This key issue is being developed with indicating the appropriate enhancement of the [process with gaining the sustainable change management in the organization. AS per the Accounting standards of AASB, the accounting issues are being indicated which must be improved by the improvement of the education and the training among the staffs. The environmental challenges faced by the employees must e mitigated by the help of appropriate supply of the equipments and the care for the staffs. This thereby also helps in the improvement of the efficiency and also helps in mit igating the issues which helps in the enhancement of the agricultural concerns. The quality related issues are also indicated by the helps of the Accounting Standards and henceforth the attention for the mitigation of this type of problems must be made by the company (Horngren, 2013). Apart from this, the improvement of the company can be indicated by the enhancement of the security and the tenure with the help of which the decline in the number of sales is being depicted. Henceforth the above mentioned issues and are indicated with the mitigation process for the organization. The main challenge for the human resource department is to select right candidate for the right job. It is the responsibility of the managers and team leader to analyze and determine the needs of the employees which helps to motivate them towards their goals. The employees should also cooperate and follow the directions of their team leaders and managers in order to accomplish their task objectives effectively and efficiently (Industrialrelations, 2016). The staff members should also show their interest to learn new things and acquiring the knowledge and skill of new and advanced technologies. An appropriate flow of communication plays a significant role in establishing healthy relationships as well as coordinating to each other. The employees should be motivated through rewards, appreciation, opportunities and high wages. The employees should communicate their problems to their team leaders or managers and an effective coordination will help them to overcome from difficult situation s. The workplace safety is also very much important for an organization that should be evaluated by the safety managers (Oppermann, 2009). The workplace environment should be friendly in which the employees can perform effectively. References Dauber, N. (2005).2006 auditing standards. Australia: Thomson. Horngren, C. (2013).Accounting. Frenchs Forest, N.S.W.: Pearson Australia. Industrialrelations,. (2016).Managing_employees.Industrialrelations.nsw.gov.au. Retrieved 13 December 2016, from https://www.industrialrelations.nsw.gov.au/oirwww/Employment_info/Managing_employees.page Oppermann, H. (2009).Accounting standards. Lansdowne: Juta.