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Case law

Case law

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25 févr. 2002

Evaluate the developing case law of the Court of Justice with respect to its application of the principle of State liability to situations in which a Member state has failed to fulfil its obligations concerning the transposition of a Directive into nation

Dissertation de 6 pages - Droit européen

In the first part, I shall debate that the immediate consequence of the directives and article 228 were the first steps taken by the court with respect to the application of a state liability. In the second part, I shall explain the context and consequences of the application of the state...

22 déc. 2009

The Right to Strike within the Dutch Industrial Peace in the Light of International Conventions

Étude de cas de 9 pages - Droit du travail

The Dutch Constitution was updated in 1983 and now contains a list of fundamental social rights. The recognition of those rights, even though it is late, has had a strengthened impact on the fundamental rights concerning the labor law in the Netherlands. Furthermore, since the 1960's, the...

11 avril 2007

The differences between English case law and the French concept of « jurisprudence »

Dissertation de 2 pages - Droit autres branches

To begin, we can notice two concepts concerning the value granted to the decisions delivered by the jurisdictions of a state: indeed, states which use Common law (like the Great Britain or the United States of America), the concept of case law is preferred whereas in states...

28 avril 2008

Human Rights Law: Essay on the Human Rights Act

Dissertation de 4 pages - Droit autres branches

The State's "margin of appreciation" doctrine is a fundamental component of the European Convention system of Protection of Human Rights. While human rights are not a state's private area of jurisdiction, the idea of the European Convention on Human Rights (ECHR) is that this statute differences...

17 Janv. 2010

English legal system: the Sources of English Law

Cours de 87 pages - Droit constitutionnel

The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...

12 Mars 2009

UK and French legal system : structural and conception differences

Dissertation de 6 pages - Droit civil

The governing laws and its legal system in France and the United Kingdom have major differences, as each of the legal systems have and are based on various views. France is governed by the Constitution of 1958. All the French laws are based on this text. In the United Kingdom, the...

14 mai 2007

Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy?

Dissertation de 5 pages - Droit des affaires

Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties)...

11 Janv. 2010

Section 172 of the companies

Commentaire de texte de 6 pages - Droit des affaires

The board of directors have exclusive powers in conducting the business of a company. Such a centralised decision-making process allows directors to act efficiently and independently from the company's other stakeholders but as Sealy and Worthington write, the risk is that directors 'may manage...

23 déc. 2009

Common law, statute law et equity - structure et articulation des diverses sources du droit américain

Dissertation de 9 pages - Droit international

Le système juridique américain semble à première vue quelque peu curieux pour une personne issue de la tradition civiliste du droit. Il se dit être un système de common law, c'est-à-dire où le droit est celui fait par les juges (plus précisément l’on parle de case...

12 avril 2007

Why has the European Court of Justice been so central to the process of integration?

Dissertation de 9 pages - Droit européen

“Law is often still treated as if it were a separate field, clearly distinct from the economic or political spheres” . As the European Court of Justice (ECJ) has never been given a lot of media coverage, most of the time, its role in the integration process is either disregarded or...

07 déc. 2007

Authors' rights in the Anglo-Saxon world

Dissertation de 8 pages - Propriété intellectuelle

The authors' rights are a very important problem of the modern economic world. The rules that regulate the authors' rights have always been created in the reaction of some social facts; they always have been late on the sociological and technical transformations. The first fundamental act was the...

12 mai 2007

Explain and discuss the effectiveness of the EC Treaty provisions concerning state aids in preventing distortions to the operation of the single market

Dissertation de 12 pages - Droit européen

As recognised by the EC Treaty, state aids are important and necessary policy instruments to achieve social and economic goals. However, depending on the way in which they are given, State aids can have a material impact on competition, leading to significant distortions to the common market. An...

08 Mars 2007

What are the main differences between the civil and the common law systems ?

Dissertation de 5 pages - Droit européen

The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then,...

29 mai 2010

Protection of homosexual rights by the European Court of Justice and influence of its decisions in member states' national legal order.

Dissertation de 14 pages - Droit européen

The institutionalization of Europe was done in favor of the protection of liberty and human rights. But, is this protection effective for sexual minorities and more precisely for homosexual community? In January 18th 2006, the Parliament of Europe adopted a resolution on homophobia. This measure...

21 févr. 2011

Contract Law : A review

Fiche de 8 pages - Droit civil

What is a Contract? A contract is a legally enforceable agreement between two or more parties with mutual obligations. It’s essentially a case law subject, i.e.,interpretations are made by judges while deciding on the legal issues....

24 mai 2008

A critical analysis of the provisions made in family law for homosexual couples in Scotland and France with particular reference to adult relationships

Dissertation de 7 pages - Droit pénal

The Homosexuality is not anymore a painful problem and in our days people speak easily about their homosexuality. The Homosexuality is severely condemned in sacred texts that approach questions link to procreation, the family model, filiations and for which, homosexuality is against nature. For...

15 juin 2012

How has the Buckley v. Valeo decision affected campaign finance legislation and litigation?

Étude de cas de 8 pages - Droit autres branches

The Supreme Court by its recent decision Randall v. Sorrell of the 26th of June 2006 struck down a law of the state of Vermont which severely limited the amount of money a candidate for state offices can raise and spend. The Supreme Court’s rationale was based on the violation by such...

27 août 2014

The Keck Controversy

Étude de cas de 7 pages - Droit européen

The Keck judgment (hereinafter Keck) was an important milestone because it "clarif[ied]" (whether "correctly" or "incorrectly") the case law on Article 30 of the then-European Economic Community Treaty and therefore directed the progression of the European common market project....

01 mai 2008

Intérêts et enjeux de la jurisprudence en droit du travail

Dissertation de 5 pages - Droit du travail

Dans les pays de common law, la jurisprudence (case law) joue un rôle particulièrement important : en effet, en vertu de la règle du précédent, les arrêts des cours d’appel lient les tribunaux inférieurs jugeant d’autres affaires et, souvent, ils lient même les...

12 juin 2008

Comparer la loi et la jurisprudence

Dissertation de 8 pages - Droit autres branches

Durant de nombreuses années, notamment celles qui suivirent la période révolutionnaire, le sentiment que le droit devait être tout entier écrit dans la loi était extrêmement fort. De ce fait, on avait condamné comme une institution " abominable ", " détestable ", qui serait contraire à la liberté...

18 Janv. 2010

English Legal System : The Administration of England and Wales

Cours de 93 pages - Droit autres branches

We'll study the administration of justice in England and Wales. Scotland has it's own courts and system. Civil and criminal justice have come close to each other. They must be treated separately because they are very different in particular in the point of view of appeals and the procedure. Many...

05 Nov. 2010

CAVEJ M1 Cours Anglais juridique

Cours de 120 pages - Droit autres branches

So now, let's examine what is a contract at English law. Before we actually go into the details of the characteristics of English contracts, it is necessary to define what precisely a contract is.Essentially, in English law, a contract is an agreement between two or more parties...

29 mai 2010

Primacy / Supremacy of European Community Law against Sovereignty of the Member States

Mémoire de 25 pages - Droit européen

Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....

25 févr. 2002

The precautionary principle and its consequences upon the community legal order: gmos and bse

Dissertation de 28 pages - Droit européen

Concentrating on the expression itself it is clear that the word "principle? implies a peculiar importance given to the "precaution?. It is to say that the principle of precaution is a principle of law, even if it is not clear how and where this scope has been given: some would say in...

25 avril 2008

Essay on restitution obligations throughout Europe

Dissertation de 18 pages - Droit européen

Restitutionary obligation is the response to unjust enrichment. Unjust Enrichment at the expense of another must be restituted in order to secure a corrective justice. On this very basis restitutionary, as opposed to compensation, aims to deprive the defendant of a gain rather than to compensate...

05 mai 2002

Theory of direct effect

Dissertation de 8 pages - Droit européen

Born into the International order, the European Community law can touch people only through the juridical order of its Member State. Therefore arises the question about the relationship between EC law and domestic law. The EC law concerns much more directly individuals than...

19 Mars 2008

Outline and assess the extent to which the WTO agreements have legal effects before EU and member states' courts, creating rights for individuals and the possibility of testing the compatibility of EU secondary legislation with these agreements.

Dissertation de 12 pages - Droit international

Because its creation was not a simple extension of the GATT, literature has shown a lively curiosity for the reception of WTO law within the Community legal order. Some concrete facts justify this infatuation. Unlike its predecessor, the WTO is a permanent institution with its own...

30 Sept. 2008

The two equality directives of 2000: False-twins

Mémoire de 43 pages - Droit européen

2007, the “European Year of Equal Opportunities for All” in the European Union ended a few months ago, stressing on the question of the current anti-discrimination law in the Union. This initiative of the Commission took place in a general movement of the European Union toward a...

07 févr. 2010

Advanced legal search and writing on the case of Gregg v Scott [2005] U K H L 2 and a discussion on the concept and outcome of including a so called Romalpa Clause in a contract as a form of security for a debt

Étude de cas de 9 pages - Droit international

A lot of people don't recognise writing is a craft. You have to take your apprenticeship in it as in anything else. What is true for an author is true for a lawyer. Legal Research and Writing is indeed a subject one has to apprentice in, in order to be able to later practice it properly. The goal...

04 juil. 2012

Critical assessment of the contribution of Rome II to the subject of choice of law in tort

Étude de cas de 12 pages - Droit des affaires

The Rome II Regulation on the law applicable to non-contractual obligations(hereafter referred to as “Rome II”) was adopted by the European Parliament and the Council on July 11th 2007. It was the result of a long process that started in 1967 with the preparation of the Rome...