The European Union and the Debate of Supremacy - Free Essay Example

Sample details Pages: 5 Words: 1598 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The preliminary reference procedure under Article 267 of the TFEU (Treaty of Functioning of the EU [1957] means that if EU law is to be supreme it must have equal effect in all member states. In order to do this, the meaning and effect must be determined by the CJEU (Court Justice of the European Union). To avoid issues arising the Treaty provides this procedure so the National Courts can consult if necessary to the CJEU on issues covered only under Article 267 of Union Law. The principle of Article 267 procedure is to cooperate between the CJEU and the courts of MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s. The CJEU has an important role to play, and interpret matters of EU law. They can be asked questions only on: interpretation of the treaties and validity of Acts of intuitions. The jurisdiction of the CJEU doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t extend any further than to questions put by the National Courts. The Treaty Article 267 works to set an alliance with the National Courts and the CJ EU, this is so a boundary is set which the CJEU powers and the National Courts apply. The use of Article 267 is intended to be of a harmonious nature, so that it is clear the CJEU interprets and the national courts apply. The objective of Article 267 is to create independence for National Courts, also at the same time prevent à ¢Ã¢â€š ¬Ã…“a body of case law not in accord with the rules of Community Law from coming into existence in any Member Stateà ¢Ã¢â€š ¬Ã‚  [Case 107/76 Hoffmann La Roche v Centrfarm]. The purpose of the preliminary reference is to ensure correct interpretation of Community law in all MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Article 267 is essential for preserving Community character of the law established by the Treaty and has the obligation to see through that the law is the same in all MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s of the Community. It should be clear that the preliminary reference does not have the same function as an appeal. The National courts take the decision to refer t he case, and can refer questions to the CJEU to exercise their discretion on a certain matter of a case. The CJEU and the National court have set guidelines on when to refer a matter and the discretion that should be exercised. This is called the à ¢Ã¢â€š ¬Ã‹Å"Guidance on Referrals by National Courts for Preliminary Rulingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [1996]. The National Court will then decide whether it is necessary to send a reference. If the CJEU has already implied the answer needed from another case or it is irrelevant , or there is no scope of doubt as it is obvious and the same view would be shared in all courts of the MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s, which is known as the French principle of à ¢Ã¢â€š ¬Ã…“acte clairà ¢Ã¢â€š ¬Ã‚ . Then there will be no need to send a reference to the CJEU. An example of the preliminary reference procedure would be a conflict with a national law in a MS and union law. The National courts should submit questions to the CJEU to clarify how to apply the law co rrectly. The preliminary reference procedure is shown through the case of Costa V ENEL [1964] as the effectiveness of the PRP works essentially well but occasionally between the CJEU and National Courts there has been friction. Due to the National Courts submitting questions and not all questions being answered which was the case in Costa. The case of Costa v ENEL showed a conflict between a Treaty provision and also an Italian Statute privatising the company of which the defendant Costa was an investor. But at the time the Italian Law was at a later time than the treaty provision. In protest he refused to pay the bill which equated to  £1.10 in English currency. Costa argued that the company was in breach of EU law. The defendants argued à ¢Ã¢â€š ¬Ã…“Lex posterior; the Italian act nationalising the electricity company was later in time than the Italian Ratification Actà ¢Ã¢â€š ¬Ã‚ . [Page 82 EU Law, Steiner Woods]. This was an Act which incorporated EU law with I talian Law. From thereon the Italian Court was obliged to absolve the national law in preference with EU law. The Italian court referred this matter to the CJEU. The Magistrates Court also referred the matter to the Italian Constitutional Court. The CJEU came to these conclusions which was to spilt the two arguments into two main groups.; those relating to the nature of the Union and those relating to the purpose of the Union. The Court had ruled partly in favour of the Italian government because of the Treaty of Rome rule on a factual market, this means that the Commission can challenge independently the Italian government. As Costa was an individual he didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have a legal standing to challenge that Treaty provision so it did not have direct effect. But as Costa rose a point of EC law against the national government in legal proceedings in the MS, the CJEU was against the views of the Italian government. The CJEU ruled that EC law would not be operative if Costa couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t challenge the national law on the foundation of its alleged inconsistency with EC law. Inside the time period of the referral to the CJEU the principle of Supremacy was clearly affirmed as cited by the first case Van Gend En Loos, to show supremacy but was not enforced until the ruling in Costa. From Van Gend the MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s had à ¢Ã¢â€š ¬Ã‹Å"limited their sovereign rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [judgment of Costa]. The CJEU went further on and looked at the Treaty under Article 288 which indicated that there had been a transmission of powers to the Union Institutions as Article 4 (3) states MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s commitment to observe union law. This shows the outcome of the case as the CJEU commented saying that national law should prevail over the earlier EU law. It was also noted by the CJEU Article 189 indicated a transfer of powers to Community Institutions. Under Article 5 it à ¢Ã¢â€š ¬Ã‹Å"commits to observe EC lawà ¢Ã¢â€š ¬Ã¢â€ž ¢. The CJ EU said that à ¢Ã¢â€š ¬Ã…“the transfer of the States from their domestic legal system to the Community legal system to the Community legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights. against which a subsequent unilateral act incompatible with the concept of the Community cannot prevailà ¢Ã¢â€š ¬Ã‚ . Further on it was stated that Community law would be deprived of its character which the legal forum of the community would be held for questioning if other MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s could introduce national laws which had supremacy over Community Law. Finally, the CJEU overturned the Italian decision in Costa as it was established that MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s could not diverge from Community treaties without prior authorisation, the high courts would have to consult the CJEU before deciding an incompatibility between MS and EC law. The case set an central precedent for the supremacy of Community Law withi n the European Community and later the EU. The prevalent principle established from Costa is the enforcement of Supremacy, this means that EU law prevails over any conflicting provisions of national law and take precedence over national law if they have à ¢Ã¢â€š ¬Ã‹Å"direct effectà ¢Ã¢â€š ¬Ã¢â€ž ¢ [Europa.eu]. This shows that the preliminary reference procedure was now in full force and had to be applied in every state of Europe. It has shown effect in other cases such as Simmenthal à ¢Ã¢â€š ¬Ã…“the full effectiveness of Community law would be impaired if a rule of national law could prevent a court from granting interim reliefà ¢Ã¢â€š ¬Ã‚  [EU Law Steiner Woods]. Furthermore, the significance of the case as seen through the judgement provided two main outcomes to the case as seen earlier. It created a new legal order of an independent nature which limited the MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s sovereign rights permanently, but in the Treaty there is no legal basis about this point. H owever, this shows that purpose of the Union and goals achieved will not be undermined., and also shows how EU law has become more effective. The effectiveness now becomes an element of the CJEU views and is rational which makes for a vast sway on the expansion of Union Law. Also, without the judgement in Costa, Community Law would fail to exist as it would be referred to as international law. Not until the time of the doctrine of supremacy did community law become truly à ¢Ã¢â€š ¬Ã‹Å"supranationalà ¢Ã¢â€š ¬Ã¢â€ž ¢ as was intended by the European Treaties. In the case of Costa v ENEL CJEU entered the political stage as the Court replaced the ruling of modus à ¢Ã¢â€š ¬Ã‹Å"political integrationà ¢Ã¢â€š ¬Ã¢â€ž ¢ with modus of à ¢Ã¢â€š ¬Ã‹Å"legal integrationà ¢Ã¢â€š ¬Ã¢â€ž ¢ [Article: on the Importance of Contemporary Statement of Legal History]. Although, the Supremacy has found difficulty after the Lisbon Treaty [2009]to fit in to all pillars of EU law. But the effects of the argument due to costa apply equally in the Community pillar. In addition, the significance of the case has changed Europe as supremacy is evolving; the enlargement of the EU has given a new dimension to the supremacy debate in Europe. Constitutional courts of Central Eastern Europe Countries are elaborating their own doctrine on issues of relation between EU law and National law with special regard to National Constitutional provisions. Above all, the ratification process of EU constitutions is contributing to supremacy debate in the EU. Recent jurisprudence of Spanish and French Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s make a new primacy clause through supremacy and discussed a new structure of the constitutional treaty. The supremacy of EU is still an evolving and debating concept which has been given a new dimension through codification of Articles 1-6 of the EU constitution and jurisprudence of constitutional courts of the MSà ¢Ã¢â€š ¬Ã¢â€ž ¢s, this shows rapid development of the EU due to Costa. Don’t waste time! Our writers will create an original "The European Union and the Debate of Supremacy" essay for you Create order

Music Is It s An Explosive Expression Of Humanity

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Music affects the brain. Music has many different factors that play into the emotions or feelings. Tempo, time signature, key and tonality all have something to with the way the human brain receives and depicts the music. As much as music has an effect on the brain, it has an even bigger impact on actions and emotions. Lastly, certain synesthetes are affected by music even more than people without synesthesia. Synesthesia is the rare condition of senses getting themselves mixed up, occasionally causingShow MoreRelatedMusic Is It s An Explosive Expression Of Humanity746 Words   |  3 Pagesâ€Å"I think music in itself is healing. It s an explosive expression of humanity. It s something we are all touched by. No matter what culture we re from, everyone loves music.† Billy Joel was right when he identified the best qualities of music; however, there are some problems caused by music as well. I personally think music is the number one societal problem in the world. 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Popular- Process Analysis Essay Free Essays

Popularity. Everyone, admitting or not, craves the positive attention from their peers and classmates. To be desired by those surrounding oneself and accepted amongst others is an inevitable side effect to the complete high school experience. We will write a custom essay sample on Popular- Process Analysis Essay or any similar topic only for you Order Now No one goes to school with a want to be the out casted and sociopathic seeming student who has little to no friends; it could be said practically that teenagers lust for popularity. While some enter their school years with instant desirability, there are ways to make a popular being of oneself. The first step to becoming popular is to lose every ounce of self respect one could possibly maintain; thus creating an appearance of vulnerability which is more appealing to the widely admired crowd. This is because the lack of self respect makes one come across as a more easily persuaded being which is exactly what certain groups would look for in a person; solely because it’s easier to add an attention craving zombie to their clique, as opposed to someone who might actually stand for what they believe in. To quicken the effect of the first step one could simply give in and choose to agree or be willing to do whatever the desired clan asks or defines as cool. The aforementioned first step on the road to popularity may have but is not limited to these side effects: losing friendships, making regrettable mistakes, backhanded compliments, and loss of self confidence. Second on the journey to social inclination is kissing good grades goodbye! Popular people don’t have time for homework or extracurricular activities, and if one ever expects to reach that level of mass acceptance then grades should be forgotten or seen as extremely low importance. This way there will be plenty of class time to make jokes, a fool of oneself, and text friends. If time is managed wisely one could probably even make fun of their previous best friends and expose their weaknesses or insecurities to the rest of those with a more commonly craved reputation. Bad grades and hurting old friends is entirely worth the fame though, isn’t it? Lastly, to complete the transformation of popularity, trash the old reputation. Sure, it’s likely to be seen as a total wreck by most at this point, however there are probably a few people with some faith things could go back to their old and innocent ways. It’s best to eliminate that idea from their head. A few ideas on how to do that are: be provocative, publically disrespect parents, show anti-school spirit, and get caught committing some illegal act (stealing and vandalism are always some good ones). This should ensure that everyone knows just how important and deserve to be talked about one has come to be. Never stop there though; once the steps have been completed, one should continue to do crazy stupid things that will make them hallway gossip for weeks to come! In conclusion, everyone just wants to be wanted. It’s known to nearly every kid in a public school system, and it’s not uncommon to see ones classmates do ridiculous things for the attention of their peers. Yes, it’s impossible not to feel a need for wanting and social acceptance, it’s only human. However, it is possible to not go overboard on the need for idolization by those surrounding us. Popularity, in all honesty, is a drug more addictive than heroin, and we’re all abusing the use of it. Whether one enters their years in a school system with the support and companionship of many, or as an outcast in a social dry spell, the acceptance and acknowledgement of others can be achieved through other ways that allow not changing oneself to match another’s standard definition of popular. How to cite Popular- Process Analysis Essay, Essays

Byrons Poem Essay Example For Students

Byrons Poem Essay Should the upcoming stanza from Byrons poem be omitted from the final draft of the poem Many people ask this question because it could change the meaning of the poem entirely. Each individual needs to look at the entire poem and decide for himself and make a fair judgement. Then fare the well, FannyNow doubly undone,To prove false unto manyAs faithless to one. Thou art past recallingEven would I recall,For the woman once fallingForever must fall. This is a verse that was left out of Lord Byrons final draft of the poem When We Two Parted. It can thoroughly be argued whether or not this stanza should or should not have been taken out of the version of the poem that we read today. I personally feel that the verse should have been deleted from the poem for many reasons. First of all, I feel that once a poem mentions a name, it somehow loses some important meanings a symbolism for the reader. Also, a name can cause the general reader to no longer be able to relate and get the most out of the poem. In my opinion, it is really important for a reader to be able to relate what he is reading to his own life. This helps him to get a full understanding of what messages that the poem is trying to convey. The use of names in certain poems can make that task much more difficult for a reader to accomplish. In Byrons poem, Lady Frances Wedderburn Webster is the subject of his poem and he refers to her as Fanny in the verse of the final draft. I do not think that the poem loses any meaning because the stanza was left out of it. Actually, the first time I read the poem, I was really drawn to it because of all the emotions that were brought forth. An example of an emotion that was present in the poem comes from the second stanza. The dew of the morning Sunk chill on my brow- It felt like the warning Of what I feel now. In this part of the poem, Byron is referring to the sorrow that he is feeling because Fanny is no longer with him. He is mourning over her because she has passed away. Another aspect of this sorrow is that he cannot express his feelings openly because he and Fanny were the subject of gossip because it was thought that they were having an intimate affair. They did supposedly have a close relationship, but it was strictly a plutonic one. I also think that this is a very important reason as to why he decided to delete the verse out of his poem. Even though he is writing about a particularly important person from his life, the emotions of sadness and the feelings of despair are not lost because he decided not to mention Lady Francess name outright. In fact, because the name is not clearly mentioned in the poem, it allows someone who has experienced a similar loss in his or her life to really identify with the feelings that Byron is expressing in his poem. The reader can therefore take personal solace in the poems words and deal with the loss. It can also allow a person to release any of his pent up emotions. Honestly, when I noticed the footnotes and the missing stanza at the bottom of the page, I put the verse into the poem and it really did not have the same meaning and symbolism to me. This is due to the mentioning of Fanny. In my opinion, this puts a vast amount of distance between the poem and the reader. It does not allow the reader to feel the same emotions or be able to fully relate to the poem. Instead, the stanza causes the reader to express more feelings of empathy. I do not think that Byron wrote this poem in order to receive sympathy. .u0e09219b2ba230a0be5e556e5ffa19e6 , .u0e09219b2ba230a0be5e556e5ffa19e6 .postImageUrl , .u0e09219b2ba230a0be5e556e5ffa19e6 .centered-text-area { min-height: 80px; position: relative; } .u0e09219b2ba230a0be5e556e5ffa19e6 , .u0e09219b2ba230a0be5e556e5ffa19e6:hover , .u0e09219b2ba230a0be5e556e5ffa19e6:visited , .u0e09219b2ba230a0be5e556e5ffa19e6:active { border:0!important; } .u0e09219b2ba230a0be5e556e5ffa19e6 .clearfix:after { content: ""; display: table; clear: both; } .u0e09219b2ba230a0be5e556e5ffa19e6 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u0e09219b2ba230a0be5e556e5ffa19e6:active , .u0e09219b2ba230a0be5e556e5ffa19e6:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u0e09219b2ba230a0be5e556e5ffa19e6 .centered-text-area { width: 100%; position: relative ; } .u0e09219b2ba230a0be5e556e5ffa19e6 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u0e09219b2ba230a0be5e556e5ffa19e6 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u0e09219b2ba230a0be5e556e5ffa19e6 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u0e09219b2ba230a0be5e556e5ffa19e6:hover .ctaButton { background-color: #34495E!important; } .u0e09219b2ba230a0be5e556e5ffa19e6 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u0e09219b2ba230a0be5e556e5ffa19e6 .u0e09219b2ba230a0be5e556e5ffa19e6-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u0e09219b2ba230a0be5e556e5ffa19e6:after { content: ""; display: block; clear: both; } READ: Victorian poetry EssayPersonally, that is the effect that the missing stanza had on me. On the contrary, I am sure that many people feel that the verse should not have been omitted from the final draft of the poem. This is because a lot of people feel that names can and do add a lot of symbolism and meaning to certain works. It is also argued that this is what Byron wrote and should have kept because it is his situation, his loss, his feelings, and his poem. This is what Byron wanted or intended with the poem. Maybe he needed to express himself in order for him to deal with his pain and his emotions. He could have written his poem not knowing whether or not anyone else would ever read it. Therefore, it really does not matter whether or not he chooses to put names in any of the poems. Byron is his time was a genius and it should not be up to the average read or critic who thinks he is some sort of demi-god by changing this brilliant master piece. Byron wanted that verse omitted so that’s the way it should be! This particular poem brought out hidden feeling and emotions that I didn’t think existed. However, with the use of the stated name, the poem lost some of its sentimental value.