European Union Law
Equity law is a type of law that ensures fairness and justice to people. People get new rights and remedies due to equity law. The subject is vast because it involves common laws and sub-topics like criminal law. Pupils get numerous tasks to improve their knowledge about the subject.
Parliamentary sovereignty is the central tenet of the English legal system. The doctrine refers to the constitutional doctrine that Parliament is capable of making or unmaking any law, and that such law cannot be overridden or set aside by any one or any authority save by the law made by the Parliament itself. The traditional doctrine of parliamentary sovereignty is still relevant today, however, there is a definite change in its structuring due to the impact of the EU law.
Read More »Under EU law, asylum seekers are defined as “applicants for international protection”. Their situation is regulated by the EU asylum acquis.[1] The position of Roland and Rajiv is that of two individuals who are seeking asylum after fleeing from Pakistan, where Rajiv is a potential target for torture due to his membership of a vegan group. As they have taken different routes into Europe, the measures that are available to them under the EU law will have to be considered individually. However, Rajiv and Roland are identical twins and Roland is basing his asylum application on that ground.
Read More »Definition of internal market: Article 26(2) of Treaty on the Functioning of EU (TFEU) defines internal market as comprising “an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured.”[2] This means that the EU has created a single market that allows the free movement of goods, persons, capital and services. For this purpose, EU has regularised customs duties and charges, and quantitative restrictions and measures in trade between Member States.[3] At the same time, treaty provisions and national legislation are also harmonised so as to encourage member states to promote free movement within the internal market.[4] The legislative and administrative difficulties within the free market relate to the following areas:
Read More »The Preamble of Treaty on the Functioning of European Union (TFEU), aims to ensure a balanced and fair progress in the economic and social aspects of EU by removing barriers between States in order to improve the living and working conditions of the citizens. This progress can be achieved by cooperative and collaborative steps taken up by Member States.
Read More »Under EU law, asylum seekers are defined as “applicants for international protection”. Their situation is regulated by the EU asylum acquis.[1] The position of Roland and Rajiv is that of two individuals who are seeking asylum after fleeing from Pakistan, where Rajiv is a potential target for torture due to his membership of a vegan group.
Read More »The establishment of the European Union (EU) was motivated largely by commercial objectives, which were to be achieved through the creation of a common market or an internal market. The commercial laws made by the EU were for the purpose of achieving these objectives; and the EU has over the period of time liberalised the markets and also become a staunch supporter of multilateral trading regime.
Read More »Fashion and the study of fashion from the sociological and cultural perspective has come to acquire a lot of significance. What fashion means and in what way it is significant to the construction of identity has become an interesting area of study. This is so because fashion is increasingly used by the individual to make a point about how she perceives her identity or how she would like to be perceived by others. In that sense, fashion, in terms of clothes and other accessories, acquires a lot of significance from a socio-cultural perspective, because these are the means through which social and cultural messages are given by the individual to the others.
Read More »The Treaty on the Functioning of European Union (“TFEU”) provides the power of judicial review to the Court of Justice of the European Union (“CJEU”) under Article 263. The CJEU consists of the Court of Justice (“ECJ”), the General Court and the Civil Service Tribunal. The General Court is an administrative court of the EU, and decisions or legislative acts by the EU institutions can be the subject of judicial review proceedings before the Court.
Read More »Historically, the concept of a single market was initiated way back in the 1980s. European Economic Community (EEC) lagged economically behind the other developed world. Appeals to the Delors Commission and a White Paper, published in 1985, identified 300 measures needed to create a single market.
Read More »Historically, the concept of a single market was initiated way back in the 1980s. European Economic Community (EEC) lagged economically behind the other developed world. Appeals to the Delors Commission and a White Paper, published in 1985, identified 300 measures needed to create a single market.
Read More »Europe has been on an integration move since the end of the Second World War. The first steps towards this integration happened in the immediate post war period with the celebrated Schuman Plan, which lay the foundation for the first real supra-structure in the world, the European Coal and Steel Community (ECSC).
Read More »The European Union was in its initial stage premised on the idea of free markets. This idea had economic connotations and therefore, the emphasis was on free movement of workers and services. The idea was embraced by member states because this free movement of persons and services gave them greater access to human resources with skills that the host economy could benefit from. Ultimately the EU also came to recognise the concept of EU citizenship where a person who was a national of any state would also be a citizen of the Union.
Read More »1.b) Fiona is the company director of Polari PLC. She wishes to leave money in trust in order to build tennis courts to be used by the employees of Polari PLC and their children. Advise Fiona. (10 marks)
It is not uncommon practice for people to want to create a trust for the benefit of their employees and their families. However, in such cases, it is important that the rules relating to certainty of intention, object and subject matter are complied with.
Read More »1.c) Celia, Hugh and Binkie are trustees to the Grommet family trust. The trust deeds contain a clause prohibiting trustees from making investments without taking professional advice. In 2015 Binkie persuades Celia and Hugh to sign some documents releasing £10,000 for the purpose of investing that money in Possett PLC. It later emerges that the money was paid into Binkie’s own personal bank account. Binkie has been found liable for breach of trust. Advise Celia and Hugh.
Trustees are entrusted with certain responsibilities and duties by the trust and these are to be followed by the trustees. These duties may be fiduciary and statutory in nature. The present case, involves the breach of trustee duties by the trustees and the evaluation of the legal consequences of the breach of trust.
Read More »Equity regards as done that which ought to be done.
In the cases of imperfect gifts, there has been a tendency of the courts to perfect the imperfection in order to allow the intention of the testator to take effect. This has been allowed with respect to cases where the settlor has done everything that needs to be done from his side, for making the gift. It is also allowed where it is unconscionable to not allow the gift to take place.
Read More »The duty of the trustees towards their beneficiaries is paramount. They must, of course, obey the law, but subject to that, they must put the interests of their beneficiaries first. When the purpose of the trust is to provide financial benefits for the beneficiaries, as is usually the case, the best interests of the beneficiaries are normally their financial interests. Discuss.
Trusteeship has been described as a ‘fiduciary duty par excellence’. 1 Although there are other fiduciaries duties, trust is seen as the epitome of fiduciary relations. In fact, so intertwined are the concepts of trust and fiduciary duties, that Prof. Scott has said: “In some relations the fiduciary element is more intense than in others; it is peculiarly intense in the case of a trust.
Read More »Tunisian textile industry has grown tremendously over the period of two decades
Tunisian textile industry has grown tremendously over the period of two decades. To a great extent, Tunisia’s ability to get a good trade association agreement with the European Union has played a part in this growth. Tunisia now is one of the top 15 textile manufacturing companies in the world.
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