Wednesday, May 1, 2019

European Union Law Master Essay Example | Topics and Well Written Essays - 2500 words

European Union constabulary Master - Essay ExampleFor example, EU righteousness provides that no Council decision can be stuffing and executory unless it was voted by two-thirds of the Council membership. This paper discusses the conflicts often engendered by acts of the Council that have not been introduced into the issue laws of member states, as salubrious as the integrity and applicability of its decisions. In so doing, the paper presents two case scenarios involving consumer welfare and pretty trade promotion as embodied in acts of the Council that run into controversy.The European Council, seeking to bolster consumer certificate laws in member states, adopted a directive on May 1, 2005 granting consumers the right to cancel every mail-order purchase of goods or services if done within 15 old age of placement. Within seven days upon receipt of such notice, the supplier shall make a full refund of the contract price to the consumer, damaging a reasonable amount for admin istrative and handling costs. EU member states were enjoined to implement the directive by May 1, 2007, but UK dragged its feet on the measure and was yet to incorporate this Directive into its national laws until July 5, 2007. On this involve date, Brighton businesswoman Christina ordered a newfound computer system from Avalon Computers Ltd., a mail-order firm in Reading specializing in computer equipment for professional graphics design. After making the full payment of 3,000 pounds, the equipment was delivered to Christinas shop a a couple of(prenominal) days later. A day after delivery, however, Christina lost her American clients who had specified new designs that required the new computer system. Without these clients, the equipment was hardly needed by Christinas design studio so she faxed Avalon for a return of the computer, which was sedate crated and untouched. Avalon denied the request, indicating that there is a UK law allowing the no-return policy on the purchase of goods.Problem Question If asked to prepare a apprise on Christinas problem, how would you help her obtain a refund In the event a UK court declines to perk the case, where else could she go for redress Would the complexion of the case be different if the directive were a regulation insteadAnswerIn 6/64 Costa v ENEL (1964) ECR 585, the ECJ observed that the Treaty has created it own efficacious system, which becomes part of the legal system of each member state and which their courts are bound to apply. This fulfills the direct effect principle in EU law, which means that the Council directive applies to Avalon although is yet to be implemented in UK. The new EU composition says that the EC law, whether of general or specific application, must prevail over any national law and that even in cases of conflict, the national law must be adjusted to conform to the EC law (Craig & De Burca, 20003). The implications are that coverage of EC law does not distinguish between direct and in direct personal effects in regard to individual European citizens, such that they can avail of the EC laws provisions to repine against any violation. The same ruling was laid down in Marleasing SA v La Comercial Internacional In applying national

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