Monday, May 25, 2020

Advantages And Disadvantages Of Tv Ownership - 1839 Words

Ownership ITV is a very popular TV network in the UK, and as we know it is privately owned by multiple shareholders. It was formed after a merger of Carlton and Granada. As ITV is owned privately it has to rely on paid advertisements to get funding which then they can spend that money to better the quality of the network. †¢ Pros – This can be good for the company as they are free to produce media as and when they like, and are completely free to own the business. †¢ Cons – Privately owned companies are unable to issue shares to the public. Public media service The BBC is a prime example of a type of public service media. The BBC is not privately owned and gets money from the government through a†¦show more content†¦Independent An independent media company is a company that is free of influence from the government or corporate interests. This allows the company to produce a wide range of content that is not bias to a government party or large company. The media welcomes companies such as these as they offer a different opinion that interests many. For example, Film Four †¢ Pros - This this good for the company as they are not restricted and have full control of the company. †¢ Cons-It is not very safe for the company as they do not have the support of a large organization. Conglomerate A media conglomerate is a large company that owns many other companies that provide a similar service. For example: Disney is one of the biggest media conglomerates in the world, founded by Roy and Walt Disney in 1923 it started as an animation company and grew to have areas in almost every possible media related area ever. It now owns some of the biggest TV networks in the world including: ABC and ESPN. Pros - It increases the customer base of the company so it allows the conglomerate to be able to cross sell its products. Cons - Management cost increases as the company grows larger and larger. Vertical and Horizontal Integration Vertical integration is when a company owns different media companies in the same chain of production. a good example of this is apple. This is very beneficial to a company as it gives it 100% control ofShow MoreRelatedThe New Business Model Go After Sprint Purchased Radioshack1214 Words   |  5 PagesOur research for RadioShack consisted mainly of studying the RadioShack history, why would it goes bankrupt in 2015, advantages and disadvantages of RadioShack comparing to Amazon, the local RadioShack business in Purdue and how would the new business model go after sprint purchased RadioShack. We found these information and studies for RadioShack are important because they can help audiences to insight RadioShack and understand why would it goes bankrupt. RadioShack Corporation is an American wirelessRead MoreThe History of Advertising and Advantages and Disadvantages of Modern Advertising Techniques1744 Words   |  7 Pagespart of our daily life. We see advertisements everyday, everywhere. Be it on TV, radio, magazine, newspaper, billboards, posters, etc. The advertisements that we see are shown to us through the help of media. Media is correspondence channels through which news, entertainment, education, information, or special messages are spread. Media incorporates each TV and narrowcasting medium, for example, daily papers, magazines, TV, radio, billboards, direct mail, telephone, fax, and internet. Media is nowRead MoreEssay Responsibilities of the Media1579 Words   |  7 Pagesproducts can be tested without having to justify the costs. 7) The advantages and disadvantages of modern media delivery relates to the ways in which the public relation conducts their skills, when dealing with the audience. The advantages are: The internet has become a tool to transmit PR messages sending electronic press releases and video news releases over the internet. The disadvantages have been that TV stations in small markets have used VNRs as footage to cover news withoutRead MoreNotes of an Interview with an Entrepreneur958 Words   |  4 PagesAnd the particular advantages and disadvantages of that form from the owners perspective when compared with other forms he or she might have chosen Like what was stated previously, the business is an independent national franchise. It operates as a sole proprietorship. This is when the owner will pay income taxes out of the profits that are received by the business. Moreover, they are responsible for any kind of liabilities that are incurred by the firm. The biggest advantages are the owner reducedRead MorePurchasing A Home Essay811 Words   |  4 Pagesfurnaces, air conditioners, appliances, light fixtures, window treatments, security systems, antenna, or cable or dish TV equipment, from the seller to the buyer. The document will typically list the property to be transferred, or refer to the contract that lists the personal property. The affidavit of title it is a sworn, notarized statement by the seller confirming ownership of the property and describing any known title defects such as leases, liens, or work on the property that could potentiallyRead MoreThe Accessibility Of Information And Its Openness2205 Words   |  9 Pageschoices among voting and when settling on financial choices (Stockmann Gallagher, 2011). Much information is given by the media, including daily papers, TV and radio, which gather information and spread it to the public. 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Thursday, May 14, 2020

Exam Answers on EU Law - Free Essay Example

Sample details Pages: 12 Words: 3592 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? (a)The UK Parliament wishes to challenge the draft Directive on the basis that it infringes the principle of subsidiarity. The UK Parliament has a system of scrutiny committees that are responsible to review the proposal established by the EU Commission. In the given scenario, the draft Directive touches on the area of à ¢Ã¢â€š ¬Ã‹Å"Research, Technological Development and Spaceà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "Exam Answers on EU Law" essay for you Create order According to Article 4 of Lisbon Treaty, the EU and Member States have shared competence in this field, but paragraph 3 further stipulates that the exercise of the EUà ¢Ã¢â€š ¬Ã¢â€ž ¢s competence in this field does not limit the competence of the Member States. Therefore, the scrutiny committees may issue a reasoned opinion on the basis that the draft Directive has infringed the principle of subsidiarity set out in Article 5(3) of the Lisbon Treaty of European Union. According to Article 6 of Protocol 2, the UK committees must issue the reasoned opinion that oppose the draft Directive within eight weeks from the date of transmission.[1] Here, the draft Directive was established on 15 December 2012 and thus the deadline for the UK Parliament to issue the reasoned opinion will be 9 February 2013. It must be noted that, if at least one third of the national parliaments have given the reasoned opinion, it is considered as a à ¢Ã¢â€š ¬Ã‹Å"yellow cardà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the Comm ission can be required to review the draft Directive. However, in case of more than a simple majority, this is an orange card and this allows the European Parliament and the Council to reject the draft Directive before the first reading.[2] (b)The German Association of University Professors and Lecturers (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"the associationà ¢Ã¢â€š ¬Ã¢â€ž ¢) wishes to challenge the regulation, in order for it to be declared invalid. There are two ways available: a direct action under Article 263 of the Treaty on the Functioning of the European Union (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"TFEUà ¢Ã¢â€š ¬Ã¢â€ž ¢); or an indirect action under Article 267 of TFEU. Direct Action under Article 263 In order to strike down the directive successfully under Article 263,[3] there are three procedural requirements: there is a legal act, the action is raised within the prescribed limit of two months and the applicant must have sufficient legal standing to init iate the action.[4] By virtue of Article 288 of the TFEU, a directive is a à ¢Ã¢â€š ¬Ã‹Å"legal actà ¢Ã¢â€š ¬Ã¢â€ž ¢ that fulfil the Article 263 requirement. We are told that the directive was adopted on 1 July 2013 and thus the latest date for the association to bring the action is 1 September 2013. Further, the association is a non-privileged applicant who has no automatic standing and thus it is necessary for the association to satisfy that the adopted Directive is of both the direct and individual concern to them.[5] Nevertheless, as shown in the Salamander case, it may be extremely difficult for a non-privileged applicant to prove that a directive is of direct concern to him.[6] According to Plaumann, it is likely that the directive casts no individual concern to the association as they cannot be differentiated from the other researchers.[7] Thus, the action under Article 263 looks unlikely materialise to the association. Indirect Action under Article 267 Alternativel y, under Article 267, the association may have to be a party to an action in a national court and the court would have discretion as to whether or not to make a reference on this issue to the CJEU. According to Rau v BALM, the facts that the association has no standing under Article 263 would not affect their ability in bring an Article 267 action.[8] But it is still not advisable for the association to bring an action under Article 267 as it has been pointed out by Advocate General Jacobs in UnioÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢n de PequenÃÆ'ŒÆ’os Agricultores that it is wrong to expect someone to à ¢Ã¢â€š ¬Ã‹Å"breach the law in order to gain access to justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢.[9] (c)Professor Moltisanti wishes to bring an action against Italian government for its failure to implement the directive. There are two actions available to him: the doctrine of direct effect; or the Francovich principle. The Doctrine of Direct Effect According to the leading case of V an Gen den Loos, in order for directive to give rise to direct effects, certain criteria has to be satisfied.[10] First of all, as shown in Ratti, the court held that the applicant is only allowed to rely on a directive that the deadline for implementation has been expired.[11] On the facts, the grant scheme runs from July 2014, this indicates that the deadline for transposition (1 November 2013) has already expired and thus Professor Moltisanti may be able to rely on the directive directly in the court. Next, in Marshall v Southampton SW Hampshire AHA, it was held that a directive could be invoked vertically against a public body.[12] In the other words, Professor Moltisanti can rely on the directive vertically against the Italian government. Francovich Principle On the other hand, an alternative way that available for Professor Moltisanti is the principle established in the Francovich case that a right to damages against the member states is available to individuals if t hey have suffered loss as a result of the member stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement a directive.[13] This principle is further developed Factortame, where the court laid down the criteria in replying the Francovich principle that there must be a sufficiently serious breach and direct causal link can be established between the breach and the loss suffered by the individual.[14] Applying this to the facts, the failure to implement the directive is automatically a sufficiently serious breach within the SchoÃÆ'ŒË† ppenstedt[15] formula and it is clearly that the Italian governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the directive makes Professor Moltisanti lost the opportunity to gain support under the scheme. Therefore, it is likely that he may seek redress under the Francovich principle. Introduction The statement suggests that the principle of supremacy of EU law is merely a myth originated from the Court of Justice case law, where in fact th e national courts have constantly challenged on this concept. In this essay, we will deal with the principle of supremacy of EU law from both the Court of Justice and national courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ perspectives and argue that the given statement is correct in the context that the supremacy principle enunciated by the Court of Justice is itself fictional and its application in the national courts is not absolute. The Principle of Supremacy of EU law from the Court of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s Perspective When a State joins the European Union, it is considered that there will be a transfer of sovereignty for certain specific areas of policy from the state to the community. Nevertheless, the community treaty does not contain specific reference in the relationship between the EU law and national law and this leads to a situation where both law are in conflict. Not surprisingly, the Court of Justice (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢, previo usly known as the à ¢Ã¢â€š ¬Ã‹Å"European Court of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"ECJà ¢Ã¢â€š ¬Ã¢â€ž ¢) is on the view that the EU law must prevail in such conflict. The court took its first step in preserving the uniformity of application of EU law among the Member States in the landmark case of Van Gend en Loos.[16] The stance was affirmed in Costa v ENEL, where the ECJ held that the community has à ¢Ã¢â€š ¬Ã‹Å"created its own legal system which became an integral part of the legal systems of the Member States and which their courts are bound to applyà ¢Ã¢â€š ¬Ã¢â€ž ¢.[17] The ECJ further added force to the supremacy principle in the Simmenthal case, where it held that the national courts must set aside the national law if it is in conflict with the community law.[18] At this point, it can be argued that the supremacy principle established by the CJEU is à ¢Ã¢â€š ¬Ã‹Å"fictionalà ¢Ã¢â€š ¬Ã¢â€ž ¢ as it merely requires a disapplication of national law. In Factortam e, the ECJ made clear that if there is a dispute between the national law and the community law, the national courts must set aside its national law, instead on striking down the provision as ultra vires.[19] Furthermore, the supremacy principle from the CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective is not absolute and this was shown in the Asda Stores case in which the ECJ had forfeited the EU supremacy and applied the conflicting national law. [20] On the other hand, because of the wide variation of the constitutional background between the member states, the national courts have responded differently in interpreting the supremacy principle into their own legal system. The Principle of Supremacy of EU law from the National Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Perspectives There are mainly two approaches to the incorporation of EU law by the national courts, namely monist or dualist approaches. Monistic Theory In monist States, such as Belgium and France, all law is treated equally, it is not necessary for an international law to be implemented into national law and the national courts can apply the law Dualistic Theory For states with a dualist system, such as Germany and United Kingdom, international law and national law are considered to be fundamentally distinct. This means that international law cannot be directly applied by the national courts but requires the translation into the national law. As to give a clearer analysis, we will deal with the legal system of the member states separately: Belgium Belgium provides a good example of acceptance of the supremacy of EU law based upon reasoning which is closest to that employed by the ECJ itself.[21] Even though there has no provision in the Belgian Constitution that supports the supremacy of EU law, the Belgian Court demonstrated its willingness to accord the supremacy principle in Le Ski case. In this case, it was held that if there is a conflict between the Belgian Constitution and a provision u nder EU treaty that imposes direct effect in the national legal system, the EU law prevails.[22] Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the Belgian courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? It is submitted that Belgium manages the supremacy principle of EU law with relatively ease. Can this be argued that as an evidence of the supremacy principle? Bribosa commented on this issue that the approach taken by the court was actually a consideration of Kompetenz-Kompetenz (competence-competence) doctrine but rather than the ruling of ECJ.[23] In other words, instead of treating that the EU law is superior to the Belgian law, it may be more appropriate to recognise that the Belgian courts has sought to emerge the new community rule with its established domestic legal framework. France In France, the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s willingness to accord the supremacy of EU law was shown in the Administration des Douanes case[24], wh ere it was held that by virtue of Article 55 of the French Constitution, if there is a conflict between national law and a ratified international treaty, the latter should be give precedence over the former.[25] This approach was only affirmed in Nicolo case[26] where the court suggested that Article 55 enables the courts to review the validity of French legislation with the EU provisions and thus the community law should be given precedence over the national law. Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the French courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? Even though the French courts have recognised the supremacy of EU treaty, it is arguable that the supremacy of EU law in the context of French jurisdiction is not absolute. The Constitutional Council had made it clear in the reasoned Decision given on 9 April 1992 Maastricht I[27] that France could derogate its sovereignty to the Union, only if the particular community rule is not contradictory to the French Constitution and will not violate the exercise of national sovereignty.[28] Such reasoning can be regarded as putting a limitation to Franceà ¢Ã¢â€š ¬Ã¢â€ž ¢s acceptance of supremacy and thus it may casts ambiguity on the supremacy principle that derived from the CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢s ruling. Germany In Germany, the EU supremacy principle is shaped with the terms of Article 23 of the German Basic Law. In Internationale Handelsgesellschaft mbH v EVGF (Solange I), the Federal Constitutional Court held that although Article 23 allowed the transfer of legislative power to EU law, the German Constitution would still take priority over the EU treaty if the community has not removed the possible conflict of norms between EU law and the fundamental rights provision under the German Constitution.[29] However, having considered the development of fundamental rights doctrine by the ECJ, the position has been altered in the case of Re Wuensche Handel sgesellschaft (Solange II), where it held stated that the court would no longer review EU provision in light of the German Constitution.[30] Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the German courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? By observing the change of attitude of Federal Constitutional Court in adopting the supremacy principle, it is likely that the ECJà ¢Ã¢â€š ¬Ã¢â€ž ¢s wish that the EU law should prevail over national law may be fulfilled. However, in has been made clear in Brunner v European Union Treaty the supremacy of EU law within German jurisdiction is not unconditional, the EU law will be applied only because the national law says it does. [31] Therefore, it may not be appropriate to say that the EU law is supreme over German domestic law because the German courts have not surrendered Germany sovereignty but merely fulfil the obligations of EU membership.[32] United Kingdom The situation becomes more complicated in the UK jurisdiction because of its doctrine of Parliamentary Sovereignty. As a dualist states, the EU treaty will only have effect in the UK legal system with the incorporation of UK Act. This led to the publication of the European Communities Act 1972 (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"ECA 1972à ¢Ã¢â€š ¬Ã¢â€ž ¢), whereby it incorporates the EU provisions into the English legal system. In R v Secretary of State for Transport, ex parte Factortame, Lord Bridge stated that it had à ¢Ã¢â€š ¬Ã‹Å"always been clear that it was the duty of a United Kingdom court when delivering final judgment, to override any rule of national law found to be in conflict with any directly enforceable rule of Community lawà ¢Ã¢â€š ¬Ã¢â€ž ¢.[33] Nevertheless, it must be noted that, the effect of this case would not actually nullify the existing UK legislation and this indicates that the UK national law is still superior to the EU law. Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the British courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? It is arguable that the EU law does not take precedence over the UK law since the community legislation may only be effective within the UK legal system with the incorporation of ECA 1972. Such approach has been adopted by Lord Justice Laws in the case of Thoburn v Sunderland City Council, where he pointed out that the relationship between the UK and the EU depends on UK law, not EU law. [34] Conclusion According to Maduro, à ¢Ã¢â€š ¬Ã‹Å"the acceptance of the supremacy of EU rules over national constitutional rules has not been unconditionalà ¢Ã¢â€š ¬Ã¢â€ž ¢.[35] It is apparent from the discussion above, despite the distinction between monistic and dualist system, the application of EU law under the national legal framework is ultimately influenced by the national law. Therefore, it might be true that the supremacy principle is a fantasy of the CJEU. However, notwithsta nding talk of any legal fiction, it can be observed from the case law that the national courts do give effect to supremacy of EU law. The fact that EU law has been consistently and uniformly applied in the member statesà ¢Ã¢â€š ¬Ã¢â€ž ¢ courts today creates no real dispute over the application of supremacy principle in practice. Question: Word length: (2) 1129 (4) 1999 TOTAL 3128 Bibliography Tables of cases EU Cases Aktien-Zuckerfabrik SchoÃÆ'ŒË† ppenstedt v Council (5/71) [1971] ECR 975 Amministrazione delle Finanze dello Stato v Simmenthal (106/77) [1978] ECR 629 Brasserie du PeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã… ¡cheur/Factortame III (C-46/93 48/93) [1996] ECR I-1029 Consorzio del Prosciutto di Parma and Another v Asda Stores Ltd and Another (C-108/01) [2003] ECR I-5121 Costa v ENEL (6/64) [1964] ECR 585 Francovich v Italy Republic (6/90) [1991] ECR I-5357 Marshall v Southampton and South West Hampshire AHA (271/91) [1993] ECR I-4367 Ministero Pubblico v Ratti (148/78) [1979] ECR 1629 P UnioÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢n de PequenÃÆ'ŒÆ’os Agricultores v Council (C-50/00) [2002] ECR I-6677 Plaumann Co v Commission (25/62) [1963] ECR 95 Rau v Bundesanstalt fuÃÆ'ŒË† r Landswirtschaftliche Marktordnung (C-133/85) [1987] ECR-2289 Salamander and others v European Parliament and Council (T-172 175-177/98) [2000] ECR II- 2 487 R v Secretary of State for Transport, ex parte Factortame Ltd and Others (C-213/89) [1990] ECR 2433 Van Gend en Loos v Nederlandse Administratie der Belastingen (26/62) [1963] ECR 1 Belgian Case Minister for Economic Affairs v SA Fromagerie Franco-Suisse à ¢Ã¢â€š ¬Ã‹Å"Le Skià ¢Ã¢â€š ¬Ã¢â€ž ¢ [1972] CMLR 330 French Cases Administration des Douanes v SocieÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢teÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢ CafeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢s Jacques Vabre J. Weigel et Cie. SARL [1975] 2 CMLR 336 Raoul Georges Nicolo and another [1990] 1 CMLR 173 German Cases Brunner v European Union Treaty [1994] 1 CMLR 57 Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle fÃÆ' ¼r Getreide und Futtermittel [1974] 2 CMLR 540 WÃÆ' ¼nsche handelsgesellschaft,Re [1987] 3 CMLR 225 United Kingdom Cases Thoburn v Sunderland City Council [2003] QB 151 R v Secretary of State for Transport, ex parte Factortame [1991] AC 603 Table of Legislation EU Legislation Consolidated Version of the Treaty on European Union [2008] OJ C115/13, art 4 Consolidated Version of the Treaty on European Union [2008] OJ C115/13, art 5 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 263 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 264 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 267 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 288 Protocol (No.2) on the Application of the Principle of Subsidiarity and Proportionality [2010] OJ C 83/206, Art 6 Protocol (No.2) on the Application of the Principle of Subsidiarity and Proportionality [2010] OJ C 83/206, Art 7 French Legislation Conseil Constitutionnel, decision n.92-308 DC of 9 April 1992, Treaty of Maastricht I French Constitution, art 55 German Legislati on Basic Law, art 24 United Kingdom Legislation European Communities Act 1972 Secondary Sources Books Chalmers D, Davies G and Monti G, European Union Law (3rd edn, Cambridge University Press 2014) Hartley T, European Union Law in a Global Context: Text, Cases and Materials (Cambridge University Press 2004) Articles Benvenisti E and Downs G, à ¢Ã¢â€š ¬Ã‹Å"The Premises, Assumptions, and Implication of Van Gend en Loosà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2014] 25 EJIL 85 Martinoco G, à ¢Ã¢â€š ¬Ã‹Å"Is the European Convention going to be à ¢Ã¢â€š ¬Ã‹Å"supremeà ¢Ã¢â€š ¬Ã¢â€ž ¢? A Comparative-constitutional overview of ECHR and EU law before national courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] EJIL 401 Maduro M, à ¢Ã¢â€š ¬Ã‹Å"Interpreting European Law: Judicial Adjudication in a Context of Constitutional Pluralismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2007]1 EJLS 2 Electronic Sources Craig P, à ¢Ã¢â€š ¬Ã‹Å"The ECJ, National Courts and the Supremacy of Community Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.ecln.net/elements/conferences/bookrome/craig.pdf accessed 29 December 2014 1 [1] Protocol (No.2) on the Application of the Principle of Subsidiarity and Proportionality [2010] OJ C 83/206, art 7. [2] Ibid, art 6. [3] Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 264. [4] Ibid, art 263. [5] Ibid. [6] Joined Cases T-172 175-177/98 Salamander and others v European Parliament and Council [2000] ECR II- 2487. [7] Case 25/62 Plaumann Co v Commission [1963] ECR 95. [8] Case C-133/85 Rau v Bundesanstalt fuÃÆ'ŒË† r Landswirtschaftliche Marktordnung [1987] ECR-2289. [9] Case C-50/00 P UnioÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢n de PequenÃÆ'ŒÆ’os Agricultores v Council [2002] ECR I-6677, Opinion of AG Jacobs, paras. 41-9. [10] Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1. [11] Case 148/78, Ministero Pubblico v Ratti [1979] ECR 1629. [12] Case 271/91, Marshall v Southampton and South West Hampshire AHA [1993] ECR I-4367 . [13] Case 6/90 Francovich v Italy Republic [1991] ECR I-5357. [14] Joined Cases C-46/93 48/93 Brasserie du PeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã… ¡cheur/Factortame III [1996] ECR I-1029. [15] Case 5/71 Aktien-Zuckerfabrik SchoÃÆ'ŒË† ppenstedt v Council [1971] ECR 975. [16] Van Gend en Loos (n 10). [17] Case 6/64 Costa v ENEL [1964] ECR 585, 593. [18] Case 106/77 Amministrazione delle Finanze dello Stato v Simmenthal [1978] ECR 629, 21. [19] Case C-213/89 R v Secretary of State for Transport, ex parte Factortame Ltd and Others [1990] ECR 2433. [20] Case C-108/01 Consorzio del Prosciutto di Parma and Another v Asda Stores Ltd and Another [2003] ECR I-5121. [21] Paul Craig, à ¢Ã¢â€š ¬Ã‹Å"The ECJ, National Courts and the Supremacy of Community Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.ecln.net/elements/conferences/bookrome/craig.pdf accessed 29 December 2014. [22] Eyal Benvenisti and George Downs, à ¢Ã¢â€š ¬Ã‹Å"The Premises, Assumptions, and Implication of Van Gend en Loosà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2014] 25 EJIL 85, https://www.ejil.org/pdfs/25/1/2477.pdf accessed 9 January 2014, citing Minister for Economic Affairs v SA Fromagerie Franco-Suisse à ¢Ã¢â€š ¬Ã‹Å"Le Skià ¢Ã¢â€š ¬Ã¢â€ž ¢ [1972] CMLR 330, 347. [23] Paul (n 21), citing H Bribosia, à ¢Ã¢â€š ¬Ã‹Å"Report on Belgiumà ¢Ã¢â€š ¬Ã¢â€ž ¢, in A-M Slaughter, A Stone Sweet and J H H Weiler (eds), The European Court and National Courts, Doctrine and Jurisprudence (Oxford: Hart Publishing 1998) p.21-22. [24] Paul (n 21), citing Administration des Douanes v SocieÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢teÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢ CafeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢s Jacques Vabre J. Weigel et Cie. SARL [1975] 2 CMLR 336. [25] Paul (n 21). [26] Raoul Georges Nicolo and another [1990] 1 CMLR 173, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/french/case.php?id=1440 accessed 9 January 2014. [27]Conseil Constitutionnel, decision n.92-308 DC of 9 A pril 1992, Treaty of Maastricht I, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/french/case.php?id=998 accessed 9 January 2014. [28] Giuseppe Martinoco, à ¢Ã¢â€š ¬Ã‹Å"Is the European Convention going to be à ¢Ã¢â€š ¬Ã‹Å"supremeà ¢Ã¢â€š ¬Ã¢â€ž ¢? A Comparative-constitutional overview of ECHR and EU law before national courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] EJIL 401. [29] Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle fÃÆ' ¼r Getreide und Futtermittel [1974] 2 CMLR 540, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/german/case.php?id=588 assessed 9 January 2014. [30] Re WÃÆ' ¼nsche handelsgesellschaft [1987] 3 CMLR 225, 265, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/german/case.php?id=572 assessed 9 January 2014. [31] Brunner v European Union Treaty [1994] 1 CMLR 57, as translation c an be found in https://www.ecln.net/documents/Decisions-Germany/summary-maastricht.pdf assessed 9 January 2014 [32] Trevor Hartley, European Union Law in a Global Context: Text, Cases and Materials (Cambridge University Press 2004) 159. [33] [1991] AC 603 (HL) 658. [34] [2003] QB 151, 69. [35] Miguel Maduro, à ¢Ã¢â€š ¬Ã‹Å"Interpreting European Law: Judicial Adjudication in a Context of Constitutional Pluralismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2007]1 EJLS 2.

Wednesday, May 6, 2020

Why I Quit the Klan - 1232 Words

Section 1 â€Å"Why I Quit the Klan† is a non-fiction story written by Studs Terkel, which talks about former Ku Klux Klan leader, C.P. Ellis. Ellis was invited, as a Klansman, to join a committee on how to solve racial problems in the school system. This committee included people of all different ethical backgrounds, including African Americans. He reluctantly accepted, however after a few short meetings, he was elected co-chair of the committee, along side of Ann Atwater, an African American woman who had been leading local efforts for civil rights for years. This article shows the internal struggles and hardships that C.P. Ellis went through on his journey to become accepted. C.P. Ellis had struggled to work all his life, however he could†¦show more content†¦I found this interesting because it shows the internal struggles that C.P. Ellis went through on a daily basis to feel loved and accepted. Ellis however lost this sense of support when he joined a committee to make recommendations on how to solve racial problems in the school system. His friends criticized his decisions, saying that he had sold out the white race. He then found a friend in Ann Atawater, an African American civil rights activist. I found this veryShow MoreRelatedNarrative Dialogue of C P Ellis Why I Quit the Klan1258 Words   |  5 PagesWHY I QUIT THE KLAN NARRATIVE DIALOGUE 1 Hey, Curtis, aint it? Where ya headed? Perkins, how ya doing ol boy, aint seen you in a coons age. Hows trouble? Headin to Tulsa. Theres work, new Toyota plant, they tell me. Yeah, me Im going to see my uncle, out in the Pacific. You know, Oregon. Whats out in Oregon? Aint nothin but pear orchards out there. Well, thats somethin. You still runnin around with them Stokes Mountain Boys? Plumb loco, them there. 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But when you have a date with the grim reaper, you think about the damage youve done. quot; The messages about the death penalty are brought about in different ways in the film and in the novel. AlthoughRead MoreThe Stories That Changed My Perspective on Racism and Ethnicity668 Words   |  3 Pagesabout how his experiences organizing a union opened his eyes about how corporations treat minorities, and resulted in a new understanding of the people around him even though he was a former Klansman. I have never been in the Klan or organized a union, but a similar turning point for me came for me when I saw the movie The Eye of the Storm, about Jane Elliots experiment with white schoolchildren in Riceville, Iowa. This experiment demonstrated to me how children respond to cultural cues first fromRead MoreSummary Of The Help By Kathryn Stockett1729 Words   |  7 PagesAfrican-American wasn’t even considered as a candidate. With no official representative, they had nobody to ensure their equal rights. Other issues with African-Americans fighting for their rights came up as well. One problem that arose was the Ku Klux Klan. The Ku Klux Klan was a dangerous grou p that specifically targeted African Americans. It was a black person’s nightmare to have been targeted by the KKK. The KKK bombed people’s houses, set fires, and worse. Some brave people decided to risk their lives forRead MoreThe Growth And Exposure For Moody s Mama Toosweet Essay1693 Words   |  7 Pagesand blacks – however, she is oblivious to the reason why. It is not until Emmett Till’s murder that Moody really becomes aware of what is happening in the world around her. Prior to August of 1955, Moody had been so consumed with school, work and family that she didn’t pay very much attention to race relations. 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She is a forty-five-year-old homemaker born April 16, 1954 and raised here in Johnson City, Tennessee. I chose to interview her on the Civil Rights Movement because she had to face a lot of obstacles her late childhood and young adulthood years. Here is a series of questions on the Civil Rights Movement that I asked her and the answers that she gave me. Q: What do you remember about the Civil Rights Movement? I remember aRead MoreMalcolm X s Influence On American Culture1400 Words   |  6 Pagesproblem.He was born in a period where racism was very present (black people were free since 1865). He and his family were often targeted by white supremacist. They have been forced to move to another state two times because members of the Ku Klux Klan threatened them. His father gave speaches where he told black people to go back to Africa because they had been forced to come to America as slaves.Malcolm was sent to a foster home soon after the murder of his father (by white supremacists) becauseRead MoreReconstruction Of The Civil War1560 Words   |  7 PagesSouth was deeper than the mere restoration of government. He believed that the South had not yet accepted defeat, and would come back into the Union with the hope of restoring their power and turning legislature pro slavery once again. â€Å"One reason why the southern people are so slow in accommodating themselves to the new order of thi ngs is, that they confidently expect soon to be permitted to regulate matters according to their own notions.† As Schurz predicted, once the South received full amnesty

Tuesday, May 5, 2020

Gender Inequality Research Essay Example For Students

Gender Inequality Research Essay Gender equality is a broad topic with many different angles that can be examined. For my part in this project I chose to research the changing perspective on gender inequalities in schools. I wanted to find out what people really felt about the fairness of their education, and whether they really felt they had been shortchanged in the learning process because of their sex. My results were generally what I had expected to find, though there were a few interesting findings along the way. I used an article from Education Week entitled, The Silent Gender Gap, An empirical research project conducted by Molly Weinburgh of Georgia State University, and I conducted my own research by using surveys and interviewing people about what they remember from their days I wanted to answer the question as to whether or not gender really played a role in the equality of peoples education. I expected to find that the further back through time I looked, the more evidence I would find of there being a general sentiment toward the belief that males were favored in the classroom. This favoritism I expected to be greater and have a larger impact the further back through time I went with my interviews. However, I expected that in more recent times the pendulum of educational inequalities would have swung hard the other way, giving the females a clear advantage. In the end I was right, to an extent. I conducted interviews with or received surveys back from forty-eight people ranging in age, background, and geographic region of where they attended high school. Six of these people graduated high school between 1945 and 1955, twenty-four graduated between 1968 and 1979, and the remaining eighteen people have recently graduated since 1995. They represent three generations education in the public schools. When asked how they felt overall about the equality of their education based on gender, only two people responded that they felt there had not been fair treatment between the sexes, these two will be discussed in-depth later. Every respondent said that they had not changed the beliefs they held during school. However, the inequalities became evident in later questions that were designed to bring out impressions about certain situations and asked for additional comments. Of the twenty-four respondents graduating from 1968 to 1979, twenty-two claimed overall equality in their education, of these, nine indicated some minor tendencies toward gender biased policies in teachers classrooms. All but one of these nine said the males had received some form of favoritism regardless of their own gender. The recent graduate group results showed opposite results. Of the eighteen people who graduated since 1995, all claimed overall equality (a sign of progress), however all but two claimed that the girls were given advantages over the males (a sign of too much progress). The two who did not claim female benefits felt their education was equal. The interesting age group was the elders. They were hesitant to respond to my questions. After great amount of reflection, there was an agreement that men were given a better opportunity for success. These people struggled to decide not because they could not remember, but because they never gave gender inequality too much thought. Some responses to the questions designed to inspire thought and sentiments were good examples of the overall feeling on gender inequalities. For example, Studies today seem to draw our focus to minor issues (mountains out of mole hills) and gender was the inequality of least concern back when I was in school. As for the two who did not feel there overall educational experience was fair, both graduated in 1976, both were female, but one felt the males got the clear advantage, the other felt the females won the war for favoritism. The Silent Gender Gap, offers the best explanation for this conflict of opinions. The Education Week article makes the claim that when looking at African-American students the gender gap actually favored the females as early as 1970. The women who said there schooling was unfairly tilted toward males was from the predominantly white Central Pennsylvania region, while the lady saying girls had the upper hand came from a school in Maryland which had an equal if not greater number of African-American students, a possible explanation for the differing views When looking at the results, we see that the hypothesis was overall correct. The trend has been for the girls to be treated progressively better while the boys .