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.

Midterm Review - 1485 Words

Interactive Management Science MSamp;E 107/207, Midterm Review The Flaw of the Averages Mindle 1 / Uncertainty vs. Risk * Risk is in the eye of the beholder * Risk reflects how uncertain outcomes cause loss or injury to a particular individual or group * Risk attitude measures the willigness to incur risk in the quest of reward * Different risks to the same uncertainty Mindle 2 / An uncertain number is a shape * A distribution * â€Å"Uncertain numbers† * Risk is subjective * Give-me-a-number mentality * Management of uncertainty: â€Å"Commitment to trade short-term rewards for long-term gains† * Flat Shape * To display a distribution: a histogram * Other important shape: cumulative†¦show more content†¦Because squared units are not intuitive, we square root the variance, known as the standard deviation. Diversification and Variance Reduction When uncertain numbers are averaged together, the distribution of the average goes up in the middle and down on the ends, becoming more centralized. This centralizing of the distribution is the primary manifestation of diversification. The width or narrowness of a distribution defines the range of uncertainty of the number. The wider the distribution, the greater the variance, standard deviation and uncertainty. The Central Limit Theorem â€Å"If enough independent samples of almost any distribution are averaged together, then the resulting distribution will be normal†. The Normal Distribution The normal distribution is an idealization of the result of averaging a large number of identical, independent random variables. They are centered at their mean or average. Their width is measured by the standard deviation, or the square root of the variance. Chapter 3 One of the worst things that you can do: â€Å"Using point estimates, single points * Gen_Resample / pg. 61 * Gen_Triang / pg.61 How to use freeze amp; thaw, when you send a document with XLSim Average overall cost is not the cost associated with average demand * Worksheet models based on uncertain numbers: Functions of randomShow MoreRelatedMidterm Review Essay963 Words   |  4 Pages†¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ MComm100†©Ã¢â‚¬â€œÃ¢â‚¬ ©Mass†©Communication†©in†©Society†© Midterm†©Review†©Ã¢â‚¬â€œÃ¢â‚¬ ©12th†©Ed†© (Chapters†©1†©Ã¢â‚¬â€œÃ¢â‚¬ ©9)†© †© Understand†©the†©definition†©of†©Ã¢â‚¬Ëœencoding’†© What†©is†©Ã¢â‚¬Ëœnegative†©feedback’?†© Characteristics†©of†©a†©mass†©communication†©audience†© What†©is†©a†©Ã¢â‚¬Ëœmedia†©vehicle’?†© Characteristics†©of†©mass†©communication†©organizations†© What†©vehicles†©have†©increased†©the†©mobility†©of†©the†©mass†©mediaRead MoreMidterm Review2002 Words   |  9 Pagesï » ¿The Federal Circuit Court of Appeal has appellate jurisdiction over the U.S. Claims Court. True Which of the following terms best describes the decision reached by an arbitrator? 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Mother India free essay sample

Reaction Paper 1: Mother India Mother India is a 1957 Bollywood film, written and directed by Mehmoob Khan. The movie was made 10 years after India obtained its independence from the British. The movie had major significance in terms of the patriotism and the changing situation in the nation at the time, and how the country was functioning without British authority. The term Mother India has been defined as a common icon for the emergent Indian nation in the early 20th century in both colonialist and nationalist discourse. The theme of female chastity and honour appears to be an extremely intriguing and engaging topic explored in the film. Lonely Planet described the film as perhaps the most compelling film about the role of women in rural India, a moving tale about love, loss and the maternal bond. In the 1950s, in India, a woman was expected to protect her chastity, especially prior to her marriage. We will write a custom essay sample on Mother India or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Mother India illustrates how, the protagonist, Radha â€Å"stayed true† to this even after her marriage. The sequence set in the bedroom after Radha and her groom, Shamu just got married portray how valuable chastity is to an Indian woman. Her shyness is portrayed in a series of close-ups and medium shots of her turning her head away from Shamu as her tries to get intimate with her. This act of moving away or turning away from an intimate situation suggests a sense of purity in a woman, that she is not accustomed to situations like this and that it is new to her and in a sense depicts her to be a virgin, to both her husband and the viewers. Furthermore, the use of front lighting in the sequence amplifies Radha’s innocence through the soft, direct lighting on her face. Moreover, Radha’s character is continued to be represented as introverted during intimate circumstances with her husband, even after their first marriage night and after she bore children. This is exhibited in the sequence where Shamu tries to get intimate with Radha at home, while his mother is around and also the scene when he tries to get intimate with her in the fields when she goes to give him his lunch. This gives rise to the fact that it is not just crucial to protect your chastity but rather your honour, especially in the public eye. These type of sequence consistently appears throughout the film, not only between Radha and her husband but also between their sons, Birju and Ramu, and their lovers when they grow older and into men. In Mother India, the honour of a woman goes beyond the life of a woman’s child. This is exhibited through the sacrifice of her youngest toddler, where he dies of starvation because the only way she could have provided for all her children was by complying to the moneylender’s, Sukhilala sexual demands. Her honour and loyalty towards her husband are so great that she is forced to lose a child. Toward the end of the movie, her son, Birju wants to assault/kill Sukhilala’s daughter, Champa, to take his revenge out on Sukhilala. However, Radha feels obligated as a woman to protect another woman’s honour and stops Birju from doing so. And when Birju retaliates, she is left with no choice but to shoot her own son. This just goes to show how much a woman’s honour is valued in an Indian society. Radha’s actions were unexpected to all audiences, but specifically to the audiences at the time of the movie’s release because a â€Å"Hindu† mother’s role atypically consisted on protecting her children and relying on her husband for money, food and all other necessities. In conclusion, it is important to note that the character of Radha in Mother India also represents the changing role of the mother in Indian films and in Indian society in that the mother is not always submissive or dependent on her husband. Mehboob Khan’s portrayal of the themes chastity and honour in Mother India goes beyond representing an atypical Indian woman of the time because he takes these two respectable characteristics of a woman and draws them out in such a way that this conventional portrayal of a woman is almost modernized.

Accompanying Report for Oxfam Marketing Plan

Question: Discuss about the Accompanying Report for Oxfam Marketing Plan. Answer: Introduction: I can capture a wider market and reach out to more people, which is important to increase awareness of people about the poverty and injustice levels existing in the society today. The new product would give people an idea about how the organization is attempting to connect every human being on this planet and their cultures too. Oxfam has significantly contributed in a diverse range of social and environmental issues, having peoples wellbeing at their heart. The arrival or benefit is sent back to people without taking even one penny from it (Winston and Weinstein 2016). The whole launching procedure would take place over a time period, after which measurable results would be accomplished. The holes in the organizations previous marketing activities would be covered with the help of this marketing plan, which would also assist in increasing the companys competitive edge in the market and reach out to a wider audience and open new doors. An understanding of the product is the first thi ng that is required to decide upon the course. Objectives would be set accordingly, after which understanding the industry environment would be carried out with the help of the environmental analysis. After understanding the entire situation a proper strategy would be formed for marketing the new product (Finch 2016). Oxfam Shop, subsidiary of Oxfam Australia, is a multi-channel retail organization that has its own e-commerce website, direct mailing program and retail stores (Oxfam Australia 2017). Oxfam shop mainly retails in food and handicrafts that they have sourced from individual workers, crafts agencies and fair-trade organizations. The idea behind doing so is to help these communities as much as possible in their struggle towards ensuring a better life for themselves and their labor force(Oxfam Shop 2017). Oxfam Shop, Australia has planned to launch a new product from one of their producer Wakami. Kiejde losBosques, a social projectwho are known for marketing their produce from the rural communities of Guatemala, developed this Wakami brand.The literal meaning of Wakami is it already is in Mayan. Wakami believes that the world we live in is already an ideal place and it only needs connection with humans to make it alive. Wakami artisans aim to link people with products in a way that the people who buy and produce these products experience an enrichedand improved life respectively.Wakami employs rural Guatemalan women to help them live their common dream and have sources of income for improving their community lives. One of their very current products is the beads bracelets. These poly threaded, silver plated brass beaded bracelets have Zamac (zinc, aluminium, magnesium and copper) metal charms included in them. The bright and bold neon threaded bracelets stand for peace, within oneself and in others. The bracelets are hand made using ancestral Guatemala artisan techniques(Wakami 2017). Oxfam has come into establishment with the belief that poverty is inexcusable and preventable and it must be challenged so that the poor people get access to the right help and lead a better life. Along with that, Oxfams mission has been to present customers with the handcrafted artwork they are known for and provide the deprived with a helping hand to move ahead in life. Oxfam aims to exist to appeal to and maintain the customer base. They have made it a point to always adhere to this maxim and they believe the rest would fall into place. They have made it their objective to keep on exceeding the expectations of their customers with continued service(Oxfam Shop 2017).To bring the major objectives in point, the major ones are: To produce visibility within the charitable non-profit retail community Increasing the volume of repeat clients A growth rate in the double digit for the next five years Decreasing the cost of marketing in relation to the sales generated Decreasing the variable costs in every three months Expand to more regions in terms of stores and products Contribute as much as possible for the development of the deprived group Environmental Analysis For the last five years, the retail industry conditions of Australia suffered and struggled a lot. The major factors that led to the weak economic growth and volatile consumer sentiment are the unstable financial markets, which in turn resulted in a struggle for the retail subdivision operators.From 2012 to 2016, the annual growth rate has been just 0.2%. Study estimates say that the industry is expected to increase the contributionby a compound annual rate of 1.0%, a slow growth if compared to the overall economy (IBISWorld2016). In terms of the current prices in 2016, the clothing and accessories industry of Australia experienced a trend estimate growth of 0.2% in the month of November(Australian Bureau of Statistics 2017).The industry is inclining towards small and medium enterprises, leaving the giants to compete for survival. Oxfam Shop would use this market data to properly understand the requirements of the market and how to serve the customers(Philips 2014). Competitor analysis is a crucial part of the formation of business strategies or new product launching. It plays a crucial role in educating organizations about how intense the competition they would be encountering, what are the competition strategies to help marketers predict possible consequences (Hollensen 2015). In the retail market of Australia Oxfam Shops would face competition from Myer Fashion Store and David Jones who are giants in the fashion and accessories department. Along with that,there are specialty stores like Just Group, Country Road, Retail Holdings and Noni B (Lewricket al. 2015). In the lines of e-commerce competitors, Amazon, Hive and eBay give tough competition to Oxfam. Customer Profile Brief Oxfam shops target market includes people who are highly interested in using handcrafted things. The organization would be targeting people from all over the world, from all regions and religions.The art collectors and enthusiasts would be the primary targets, as they are the people who have the most interest in such products, and most of the time they have the capacity to spend also. Other than that, there are people who want to do something genuinely to stop all the injustices and reduce poverty in the society (Kusnanto and Utami 2016). Oxfam is for them too. Oxfam shop has always aimed to tackle poverty by taking a hands-on approach in their strategies. Oxfam has repeatedly combined their experience of helping people in situations of emergencies and innovative campaigning so that a bold approach can be put towards reduction of poverty, hunger and inequality (Seret, Verbraken and Baesens 2014). Opportunities and Strengths STRENGTHS 1. An organization with plainly characterized objectives and qualities that can be the purchaser inspiration towards the brand 2. Worldwide system of members and supporters giving excellent brand believability 3. Enhanced portfolio taking into account key essential needs of customers 4. Great online position with sensible costs contrasted with contenders OPPORTUNITIES 1. More hooked onpublicity 2. Built as a brand from retail shop standpoint 3. Influence upon its center values and discuss the same with extended audience Table 1. Strengths and Opportunities of Oxfam Shop Segmentation As a marketing strategy, segmentation comprises of segregating the organizations extended target market into industries, nations and client segments that share common interests, priorities and requirements (Baker 2014). Oxfam marketing strategies have always been organized in groups that have separate KPIs and goals. Oxfam has done segmentation in accordance with its supporters. The supporter's sorts incorporate single supplier, shop present aider, customary provider, campaigner, and shop buys. Furthermore, full scale segmentation in Oxfam is the association's bespoke way of life alongside socioeconomics, that is, including color and profundity, one segment one supporter, in view of the supporter and not Oxfam produce and connected to the whole supporter database (Armstrong et al. 2014). Targeting Targeting implies making a social affair or things an objective to be followed up on (Cameron 2014). Right when a firm fathoms its objective promote, correspondence gets the opportunity to be unmistakably easier among the firm and the target crowd. Oxfam altruistic association target showcase incorporates the people living in poor conditions and requires help from each religions, locales, range, and so on around the globe. The association's target showcase likewise targets on people living foul play particularly young ladies and ladies. Positioning Positioning alludes to a showcasing procedure that spotlights on making a brand have the unmistakable position about the fighting brands and customers mind (Grant 2016). The properties that get credited by the customers fuse its standing quality, the kind of people using the things, the quality and weakness close by any fundamental or unprecedented characteristics spoke to, the cost and addressed regard (Urde and Koch 2014). Oxfam key positioning depends on what the firm do, offer and what characterizes Oxfam. The firm fundamental goal is to help the needy individuals, and that treated with shameful acts. The firm offers foundations to the needy individuals and helps the individuals who are dealt with bad form to battle for their rights. Since Oxfam alludes to a brand that speaks to philanthropy administrations, it is imperative for the organization to keep up and enhance its esteem. Oxfam offers philanthropy to the destitute individuals and answers for individuals who are treated with unfairness. The firm likewise offers distinctive products that additionally add to the gifts. As an altruistic association, the administrations and products are allowed to the objective market. It is a reasonable methodology for the casualties; notwithstanding, it doesn't manage quality-driven clients and does not rival neither high nor low price base in their products of gift. Subsequently, Oxfam can utilize value pricing methodology that contains setting prices on the products as per the client impression of the product esteem. Oxfam is among the main beneficent association promoters in the philanthropist NGO industry. It promotes its exercises and products utilizing daily papers, TV and magazines. The association has an awesome gathering of people in the social stages, yet there is less marketing effort on their online networking stages. Thusly, Oxfam ought to upgrade its marketing effort in the online networking, and Oxfam ought to post their products pictures on the web-based social networking system, for example, in Facebook as coordinated by Kaufmann (2012). Oxfam conveys its services and products all through the world. The firm finds the destitution and unfairness people and helps them in their area. The members get situated in the groups regularly with neediness issues so they can undoubtedly get to the influenced people. It is fundamental that the organization ought to consider expanding their office in different nations to enhance their entrance to the destitute individuals (Kaufmann 2012). Conclusion Oxfam is a magnanimous association that spotlights on enhancing the lives of individuals and helps the individuals who are treated with unfairness. This marketing arrangement has basically helped in comprehending Oxfam's present circumstance where the firm appreciates worldwide supporters and offshoots however it confronts volunteers and workers. Marketing arranging helps create products and administrations in the business that address the issues of the objective market. Great marketing helps the clients comprehend why the item or administration is superior to, or not the same as, the opposition. Subsequently, this marketing arrangement target is to amplify global foundations and increment tickets deals. As per the prerequisite of Oxfam Shop which requests an imaginative, functional and fun item for their outlets; in this way,a quirky and bright range of accessories have been suggested which is very popular among the art enthusiasts. A decent marketing plan would help Oxfam achieve t heir intended interest group, support their client base, and eventually, increment their main concern. References Armstrong, G., Adam, S., Denize, S. and Kotler, P., 2014.Principles of marketing. Pearson Australia. Australian Bureau of Statistics, 2017. 8501.0 - Retail Trade, Australia, Nov 2016. [online] Abs.gov.au. Available at: https://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/8501.0Main%20Features3Nov%202016?opendocumenttabname=Summaryprodno=8501.0issue=Nov%202016num=view= Baker, M.J., 2014.Marketing strategy and management. Palgrave Macmillan. Cameron, B.T., 2014. Using Responsive Evaluation in Strategic Management.Strategic Leadership Review,4(2), pp.22-27. Finch, B., 2016.How to write a business plan. Kogan Page Publishers. Grant, R.M., 2016.Contemporary strategy analysis: Text and cases edition. John Wiley Sons. Hollensen, S., 2015.Marketing management: A relationship approach. Pearson Education. IBISWorld. 2016. Consumer Goods Retail in Australia Market Research | IBISWorld. [online] Available at: https://www.ibisworld.com.au/industry/consumer-goods-retail.html Kaufmann, H.R. ed., 2012.Customer-Centric Marketing Strategies: Tools for Building Organizational Performance: Tools for Building Organizational Performance. IGI Global. Kusnanto, N.A. and Utami, C.W., 2016. Innovation Strategy Design for CV. X's Handicraft Business at the Local Market. Lewrick, M., Williams, R., Maktoba, O., Tjandra, N. and Lee, Z.C., 2015. Radical and incremental innovation effectiveness in relation to market orientation in the retail industry: triggers, drivers, and supporters.Successful Technological Integration for Competitve Advantage in Retail Settings, IGI Global, pp.239-268. Oxfam Australia, 2017. The Power of People Against Poverty. [online] Oxfam Australia. Available at: https://www.oxfam.org.au/?utm_source=Shoputm_medium=webutm_campaign=topnav Philips, C., 2014. A Silver Lining to Australia's Fashion Crisis?. [online] The Business of Fashion. Available at: https://www.businessoffashion.com/articles/global-currents/silver-lining-australias-fashion-crisis Seret, A., Verbraken, T. and Baesens, B., 2014. A new knowledge-based constrained clustering approach: Theory and application in direct marketing.Applied Soft Computing,24, pp.316-327. Urde, M. and Koch, C., 2014. Market and brand-oriented schools of positioning.Journal of Product Brand Management,23(7), pp.478-490. Wakami, 2017. Wakami. [online] Shop.oxfam.org.au. Available at: https://shop.oxfam.org.au/wakami/ Winston, W. and Weinstein, A., 2016.Defining your market: winning strategies for high-tech, industrial, and service firms. Routledge.