What action can the Commission take against the UK? Does the UK have any defences that it can rely on?

Presentation The European Commission is required to guarantee that all Member States conform to EU law and consequently search out any encroachments that are occurring. In the event that important, the Commission may stop such encroachments by starting procedures in the European Court of Justice (ECJ); Van Gend en Loos v Nederlandse Administratie der Belastingen. Such procedures are brought under Articles 258, 259 and 260 of the Treaty on the Functioning of the European Union (TFEU) (beforehand Articles 226, 277 and 228 of the European Community (EC)). In the moment situation, the Commission has chosen to make a move against the UK under Article 258 TFEU for neglecting to satisfy its commitments under the Treaty. This is being done in light of the fact that the UK has neglected to actualize the new Directive (the Directive), received by the Council of Europe, that should have been executed by all Member States by the 1 February 2014. Article 258 states; â€Å"If the Commission thinks about that as a Member State had neglected to satisfy a commitment under the Treaties, it will convey a contemplated supposition on the issue in the wake of allowing the State concerned the chance to present its observations†. The UK will accordingly have a chance to raise any barriers inside the time that has been indicated by the Commission. On the off chance that the UK neglects to present its perceptions, the Commission may then bring the issue before the ECJ as appeared in Commission v United Kingdom. Here, it was held by the ECJ that; â€Å"assuming the Commission’s entries are right, it isn't for the Court to give such a translation with the point of revising Article 2(1) of the Thirteenth Directive†. This case shows that regardless of whether the Commission makes a move against the UK, this doesn't imply that the ECJ will intercede. As called attention to by Haynes; â€Å"the Court has throughout the years been to some degree conflicting as far as the level of inte rventionism where it is set up to take part so as to ensure and protect the uprightness of Community enactment and to resolve those irregularities that unavoidably creep in.† Despite this, it is dependent upon the Commission to choose whether encroachment procedures should be initiated; Alfons Lutticke GmbH v Commission. The Commission in this manner assumes a significant job in propelling encroachment procedures against Member States and is equipped for making â€Å"whatever move it esteems fitting in light of either a protest or signs of encroachments which it recognizes itself.† An investigatory procedure will initially be attempted, which will at that point be trailed by a letter of formal notification that will be served upon the Member State. When a letter of formal notification has been served upon the Member State, where fundamental, a referral to the ECJ will at that point be made. The technique that has been built up under Article 258 TFEU comprises of two sta ges; pre-suit and case. The goal of the pre-prosecution stage is to furnish a Member State with the chance to follow the Treaty necessities or give an avocation of its explanations behind not doing as such; Commision v France. Thusly, the Commission is equipped for utilizing the pre-suit stage as an instrument to convince the UK to agree to the Directive. On the off chance that the Commission is fruitless in convincing the UK to agree to the Directive, the pre-suit stage will be utilized as a methods for characterizing the topic of the debate; Joined Cases 142/80 and 143/80 Essevi and Salengo. It will at that point be dependent upon the ECJ to decide if the UK has penetrated its obligations under the Treaty; Germany v Commission. In speaking with the UK on its encroachment, all things considered, the Commission will utilize the EU Pilot that was built up as a methods for correspondence between the Commission and Member States. On the off chance that the EU Pilot neglects to determin e the contest, the Commission may prompt encroachment procedures by allowing the UK the chance to present its perceptions. This is finished by giving a letter of formal notification; Commission v Austria. The UK will thusly get the opportunity to present its explanations behind not executing the Directive as appeared in Commission v Portugal. As needs be, it will subsequently be contended that there was pressure on parliamentary time and that the Directive will be actualized in the blink of an eye. The UK will likewise have the option to advance its perceptions on Portugal’s non-execution of the Directive and the way that it is ahead of schedule to bring a requirement activity against the UK. On the off chance that the Commission doesn't concur with the UK’s reaction and the UK has not made any endeavor to actualize the Directive, the Commission may line this up with a contemplated Opinion, which may then prompt an activity before the ECJ; Commission v Germany. The Com mission, as its would like to think, will set out the activity it requires the UK to take so as to consent to the Directive and the reasons why it thinks the UK has neglected to satisfy one of its Treaty commitments; Commission v Italy. While the time furthest reaches that will be set down will be founded on various variables, including the desperation of the issue, almost certainly, the UK will have around 60 days to react to the contemplated Opinion. This is proposed to offer the UK a chance to go along or set forward its privilege of safeguard as delineated in Commission v Luxembourg. In the event that the UK doesn't follow the contemplated Opinion, the Commission will be fit for choosing whether the issue ought to be brought before the ECJ. The ECJ won't be worried about the nature or earnestness of the encroachment; Commission v Netherlands, yet rather whether there has been an inability to satisfy commitments; Commission v Italy and the weight of confirmation will be on the Co mmission. Given that there has been a disappointment by the UK to satisfy its Treaty commitments under the new Directive, the ECJ will find that there has been an encroachment. Despite the fact that the UK might have the option to advance a resistance that the Directive will be executed in the blink of an eye, it is suspicious that this will do the trick as there is almost no odds that protections to encroachment are fruitful; Commission v Germany and Commission v Austria. Nor will the UK have the option to contend that there has been pressure on Parliamentary time since it was prove in Commission v Spain that Member States may not argue that circumstances or works on existing in its inward legitimate request have caused the encroachment as this won't legitimize an inability to agree to commitments under EU law. By and by, in Commission v Italy had the option to depend on power majeure to legitimize rebelliousness when it experienced impermanent insuperable troubles keeping it from consistence. Weight on parliamentary time isn't probably going to be viewed as a brief insuperable troublesome. Besides, the way that Portugal has neglected to execute the Directive will be insignificant as it was clarified in the Commission v France case that a Member State can't depend on a potential encroachment of the Treaties by another Member State to legitimize its own encroachment. Since the UK has battled that it will actualize the Directive in the blink of an eye, all things considered, the rule of true dependability (Article 4(3) TFEU) will apply. This guideline shows that Member States will act in compliance with common decency by co-working and giving the Commission will the applicable data it demands; Commission v Luxembourg. 2. Does Mr Steymann have any legitimate option to seek after the issue himself in EU Law? Mr Steymann won't have the option to welcome an activity to the ECJ on the premise that his advantages have been hurt by the UK’s inability to actuali ze the Directive; Star Fruit Co. v Commission. Be that as it may, he will have two choices accessible to him. He can either submit a question to the Commission, which may bring about the Commission starting procedures under Article 258 TFEU, or he can acquire procedures the UK courts under the guideline of direct impact. When a protest is gotten by the Commission, a choice will at that point be made with respect to whether procedures should be started against the UK. In settling on this choice, the Commission will demand its optional capacity to decide if it merits beginning procedures. In Commission v Greece a grievance was made to the Commission, which brought about procedures being initiated. The Commission, as its would see it, set up that there was an enthusiasm for bringing procedures and the activity was considered permissible to the extent that it concerned the topic of the question. EU law encroachments may likewise be tested under the watchful eye of national courts, throu gh the rule of direct impact. All things considered, Mr Steymann might have the option to seek after the issue himself the UK courts he if can show that the Directive has direct impact and that there exists a proper cure. When the UK executes the Directive, Mr Steyman will in all probability sell more gas boilers as he gives off an impression of being burdened by the way that the UK has neglected to actualize the new Directive. It will be increasingly costly to produce the hardware in the UK in consistence with EU law, which will keep UK makers from having the option to sell the boilers at a much lower cost. The guideline of direct impact permits Member States to be tested at national level by disputants looking to depend on the immediate impact of EU law. Mr Steymann will in this manner be fit for exploiting the immediate impact standard, which empowers people to promptly summon an European arrangement before a national or European court as featured in Van Gend en Loos v Nederlands e Administratie der Belastingen. As the result in the moment situation is between an individual and the State, Mr Steymann will have the option to summon the European arrangement through vertical direct impact. For a Directive to have direct impact, in any case, the commitments must be clear, exact and unqualified. This was recognized in Van Duyn v Home Office it was held by the Cour

Should cell phones be allowed on airplanes Essay - 2

Should mobile phones be permitted on planes - Essay Example Planes are delicate to signals that are coming into and leaving them. The way that planes can be blocked by these signs is a disturbing issue which must be raised at all fronts. Significantly progressively significant is the truth that day breaks upon everybody †phones are the bane most definitely. They should be restricted at the most punctual and permitting the clients to convey or message through them is deadly to the premise of security while being on a flight. The inquiry that emerges here is that how might individuals have the option to keep in contact with their precious ones, particularly when the flights take a great deal of time. One will accept that there is positively not a viable alternative for security of the travelers and nothing ought to be permitted on the off chance that it comes in the wake of the equivalent. Henceforth PDAs because of their perilous signs and comparative transmission issues ought to be indicated the entryway to the extent the planes are conn ected. Since planes have cutting edge innovation systems working in them, it is the obligation of the aircraft to guarantee that the mobile phones are not permitted regardless of how troublesome the conditions are or how compelling the travelers end up being. The guidelines are equivalent to far as the utilization of phones are concerned (Bedord 2008). There have been a few carriers which have permitted their travelers to utilize PDAs yet what these carriers are overlooking is the way that these mobile phones can have genuine downsides on the smooth working of the airplanes just as the signs which are being sent to the pilot just as transmitted from his end. A lot of duty rests with the pilots and their group to guarantee that the airplanes are sans pda since this is in the better enthusiasm of one and all. One of the most significant explanations for maintaining a strategic distance from mobile phone use lies in the examination that has been led up to this point. It has been shown that

What Are The Various Topics That Can Be Used For Essay Topics?

What Are The Various Topics That Can Be Used For Essay Topics?UBE essay topics are given for assignments where the student can write about a particular topic. Such topics are usually about living in Australia. While writing the essay, one can use relevant materials and resources. Here are the possible topics for this type of assignment.There are various topics to consider when you want to write an essay about Australia. First of all, consider which country is closest to your own. So you can start with writing about the events or occurrences that happened to you in Australia.One thing that you need to know about UBE essay topics is that the theme of the essay is the main subject of the essay. However, not all essays on specific themes are written based on facts and figures. UBE essays have the tendency to be written to convince the reader of some point of view. The purpose of such essays is to generate interest in the reader. In fact, people read these essays because they want to know what the writer wants to know.There are several subjects that are commonly used as UBE essay topics. These subjects include history, literature, fashion, religion, politics, sports, and travel. But before getting started on such topics, make sure that you understand what the students are doing.It is imperative to start writing a specific topic to identify the appropriate thesis statement. This needs to be in line with the theme of the essay and it needs to be compatible with the professor's pre-written question. A good way to determine the tone of the essay is to ask the students for their comments on the topic.There are also some helpful tips to use when writing UBE essay topics. First of all, it is important to make sure that the essay is not too technical. There are many students who get intimidated and shy away from writing an essay on a certain topic because they feel they are lacking in technical expertise. If this is the case, consider writing a short essay instead. This wil l help the student avoid overusing technical terminology.It is also important to consider how much information you want to provide to the reader in the essay. Although this may sound like a challenge, it is actually easier to create a concise yet coherent argument in a short essay. Also, the essay must be focused on only one or two topics to avoid creating multiple, unrelated essays.You can find UBE essay topics in different forms online. The best resource that you can use is to use a dictionary for the topic and look up related terms in the Internet. Besides, you can also find lists of words and definitions of the topic.

The Implementation Of Anti Bullying Initiatives - 976 Words

The implementation of anti-bullying initiatives has become increasingly linked with educational polices aimed at improving a school’s effectiveness. We now know that students’ social and emotional learning helps to facilitate their academic learning, and that a student’s level of social competence and the success of their social lives often correlates with their success in classroom academics. Research has continued to highlight that any significant change in school practices requires time and a consistent whole-school approach, especially in the area of bullying preventative strategies. The goals of anti-bullying initiatives also align with the teaching in schools of indispensable socio-moral values such as respect, care, cooperation, acceptance of differences and inclusion. In summary, there are significant moral, social, emotional and educational advantages to addressing the issue of bullying in schools. 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Famous Quotes About Elvis Presley

Nobody refrained from voicing his or her opinions about Elvis Presley. Some of them were harsh in judgment; while other put him on a higher pedestal. Whichever way you see, Elvis Presley was a strong influence that people could not choose to ignore. Here is a collection of quotes about Elvis Presley made by the movers and shakers of society. These quotes give you an insight into the enigma that was Elvis Presley. Frank Sinatra His kind of music is deplorable, a rancid smelling aphrodisiac. It fosters almost totally negative and destructive reactions in young people. Rod Stewart Elvis was the king. No doubt about it. People like myself, Mick Jagger and all the others only followed in his footsteps. Mick Jagger He was a unique artist†¦ an original in an area of imitators. Hal Wallis (Producer) A Presley picture is the only sure thing in Hollywood. John Landau There is something magical about watching a man who has lost himself find his way back home. He sang with the kind of power people no longer expect from rock n roll singers. Greil Marcus It was the finest music of his life. If ever there was music that bleeds, this was it. Jackie Wilson A lot of people have accused Elvis of stealing the black mans music, when in fact almost every black solo entertainer copied his stage mannerisms from Elvis. Bruce Springsteen There have been a lot of tough guys. There have been pretenders. And there have been contenders. But there is only one king. Bob Dylan When I first heard Elvis voice I just knew that I wasnt going to work for anybody; and nobody was going to be my boss. Hearing him for the first time was like busting out of jail. Leonard Bernstein Elvis is the greatest cultural force in the twentieth century. He introduced the beat to everything, music, language, clothes, its a whole new social revolution†¦ the 60s comes from it. Frank Sinatra There have been many accolades uttered about Elvis talent and performances through the years, all of which I agree with wholeheartedly. I shall miss him dearly as a friend. He was a warm, considerate and generous man. President Jimmy Carter, on Elvis Death Elvis Presleys death deprives our country of a part of itself. He was unique, irreplaceable. More than twenty years ago, he burst upon the scene with an impact that was unprecedented and will probably never be equaled. His music and his personality, fusing the styles of white country and black rhythm and blues, permanently changed the face of American popular culture. His following was immense. And he was a symbol to people the world over of the vitality, rebelliousness and good humor of this country. Al Green Elvis had an influence on everybody with his musical approach. He broke the ice for all of us. Huey Lewis A lot has been written and said about why he was so great, but I think the best way to appreciate his greatness is just to go back and play some of the old records. Time has a way of being very unkind to old records, but Elvis keep getting better and better. Time Magazine Without preamble, the three--piece band cuts loose. In the spotlight, the lanky singer flails furious rhythms on his guitar, every now and then breaking a string. In a pivoting stance, his hips swing sensuously from side to side and his entire body takes on a frantic quiver, as if he had swallowed a jackhammer. John Lennon Before Elvis, there was nothing. Johnny Carson If life was fair, Elvis would be alive and all the impersonators would be dead. Eddie Condon (Cosmopolitan) It isnt enough to say that Elvis is kind to his parents, sends money home, and is the same unspoiled kid he was before all the commotion began. That still isnt a free ticket to behave like a sex maniac in public. Ed Sullivan I wanted to say to Elvis Presley and the country that this is a real decent, fine boy. Howard Thompson As the lad himself might say, cut my legs off and call me Shorty! Elvis Presley can act. Acting is his assignment in this shrewdly upholstered showcase, and he does it. Carl Perkins This boy had everything. He had the looks, the moves, the manager, and the talent. And he didnt look like Mr. Ed like a lot of the rest of us did. In the way he looked, way he talked, way he acted†¦ he really was different.

What Do You Learn About Steinbeck’s View of Human Nature...

This essay is about how John Steinbeck represents human nature and the nice and unfavourable qualities people had during the American depression in the 1930s where the story ‘Of Mice and Men’ took place. The story shows the way different people will react diversely to various situations. In this case, living with the trouble of having to travel to faraway places to search for jobs. It shows how some people can behave overly difficult while others can be calm, friendly and easy to live with. The many characters in the story represent the many different combinations of worthy and unworthy qualities but this essay shall concentrate on three characters Slim, Curley and Crooks. In ‘Of Mice and Men’, John Steinbeck uses the character Slim to†¦show more content†¦Crooks is a very good representation of a victim of one of the worst qualities in humans – racism. He also represents how some people may react to such mistreatment. He shows how the cruelty to victims can change them and cause them to feel lonely and sometimes angry in Crooks’ case. ‘I can’t play because I’m black.’ This shows how racist people exclude him from activities and such like just because he is black in colour showing racial prejudice. Crooks also expresses the intolerance shown towards him by other people when he says ‘If I say something, why it’s just a nigger sayin’ it.’ Another example of the discrimination is when Candy compliments his room and crooks replies in the tone of sarcasm, ‘Sure, and a manure pile under the window.’ His living conditions also show the lack of respect toward s Crooks – his ‘ bunk was a long box filled with hay.’ Although Crooks has to live in this way, John Steinbeck writes how he takes it and gets on with it. ‘He kept his distance and demanded that other people kept theirs. Crooks also shows his loneliness – Sometimes he gets thinkin’, an’ he got nothing to tell him what’s so an’ what ain’t so.’ This shows how he, unlike Lennie, has no one to talk to or share thoughts with, no one to express his feelings to or ask a question.

Differences Between Subtle And Overt Racism Free Sample

Question: Write about theDifferences Between Subtle and Overt Racism. Answer: Introduction Subtle is a discriminatory form of racism, it has a large impact to psychological distress like symptoms relating to anxiety and depression. This type of racism is not seen at first glance, it is hidden, very delicate and difficult to analyze in contrary to overt racism which is obvious, can be seen as well as felt. This was explained in the lecture on racism by professor in Psychiatric known as Samuel Noh at Toronto University (Noh, 2007). In the documentary of a class divided, both the teachers and the students were surprised with the two day exercise, during the exercise those students who were discriminated and treated as inferior behaved exactly as inferior and ended up performing poorly in class work because they were distressed unlike those who behaved as superior performed well in the tests (Wolfe, 1996). I do not like how the teacher treats the children by dividing them according to the eye color. That is very bad because it led for the depressed children feel inferior. In the study survey that was done on the Korean Immigrants who were middle-aged currently living in Toronto. The participants reported that overt discrimination is associated with moods that are not positive, while subtle racism showed an association with psychological distress (Link, 1999). In the wave tool, Boatie is scared about the wave and this affects him psychologically up to the point he is scared unlike Collecting Pipis who says that nobody cares about the amount of the waves as long he is not affected. That clears shows how Boatie is discriminated while Collecting Pipis never cares about Boaties suffering. I do not completely support Collecting Pipis because this character totally does not care what his friend feels. Also in the Elliots class, the children were divided by eye color; the brown and the blue eye color. On the very first day, children who have blue eyes are told by Elliot are better, smarter, neater and nicer while those with brown eyes were discriminated and s eparated so that they would not interact with those with blue eye color. The brown changed their mood which was not positive in terms of performance (Peters, 1971). I do like the steps that the teacher takes to divide the class according to their eye-color because this is shown to be the highest form of discrimination. Overt racism involves racist remarks, which is an open form of discrimination, but when it comes to subtle racism, it is not possible to point out. Overt racism remarks are seen in the wave tool when Collecting Pipis says that nobody cares with how big the wave is. Such kind of remark is discriminatory to Boatie. Also subtle racism is seen in the wave tool where the Helicopter does not understand the kind of the wave others are talking about, the wave here is subtle racism which is not possible to pin out. For instance, if your friend invites other friends to breakfast but fails to invite you, it is not possible to discern if surely they have known one another for quite a long period of time, because they are either uncomfortable with you or they do not just like your race. This is seen in the wave tool when sitting stramper not able to figure out what exactly others are talking about. I feel bad when friends treat others in terms of subtle racism because it denies others freedom of association. The analysis done by the University of Toronto found that overt discrimination is associated with experiencing its effect, while that of subtle discrimination influences how an individual think about what happened earlier (Reid,2010). In the wave tool, the standing woman seem to have an experience of the overt racism when she says that she does not have any clue concerning the waves the others are talking about but she seem to understand the kind of the wave she has seen or experienced. I feel so bad when some people especially women undergo some form of discrimination, in the wave tool the woman seen depressed because of her experience of being discriminated. Subtle racism happens when there is an interaction with different people who are very close, such as friends, colleagues and managers. Therefore, this makes it hard to figure out. This is because those who are experiencing such form of discrimination try to figure out what exactly is happening, such people start to examine their role in the society including whether they are truly accepted by people around them. Generally, this form of racism affects a persons self-esteem because of his continuous appraisal of his ability as a person. I learned from the video of the class divided hat depressed individuals personalize rejection and this directs to their personal failings. It is suggested that if the immigrants recognize the function played by subtle racism, it may serve them as a greatest protective factor. The impact that racism brings to the individuals may negatively affect them even in their lifetime, for example in the documentary a class divided one of the Elliots former student who watched himself on film and talked about the negative impact the lesson has had on his attitude. Conclusion In conclusion, some researchers have come up with an analysis that depressed individuals personalize rejection and this directs to their personal failings. Therefore, I suggest that if the immigrants recognize the function played by subtle racism, it may serve them as a greatest protective factor. Verla a former student of the lecture on racism in a class divided says that nobody wants to be discriminated in one way or the other nobody likes it when he is hated by others. This statement clearly shows that indeed any form of racism is bad since it affects the mental psychology of the one experiencing it. Likewise in the wave tool, Boatie does not like the wave because it makes him scary. Therefore; nobody likes to experience any form of racism because it makes him depressed and scary. Im on the opinion that subtle and overt racism are bad and people should not discriminate others like what happened in the wave tool as well as in the film entitled A class divided. References Bennett, G. G., Merritt, M. M., Edwards, C. L., Sollers, J. J. (2004). Perceived racism and affective responses to ambiguous interpersonal interactions among African American men. American Behavioral Scientist, 47(7), 963-976. Link, B. G., Phelan, J. C., Bresnahan, M., Stueve, A., Pescosolido, B. A. (1999). Public conceptions of mental illness: labels, causes, dangerousness, and social distance. American journal of public health, 89(9), 1328-1333. Noh, S., Kaspar, V., Wickrama, K. A. S. (2007). Overt and subtle racial discrimination and mental health: Preliminary findings for Korean immigrants. American Journal of Public Health, 97(7), 1269-1274. Peters, W. (1971). A class divided. Doubleday. Reid, L. D., Foels, R. (2010). Cognitive complexity and the perception of subtle racism. Basic and Applied Social Psychology, 32(4), 291-301. Wolfe, C. T., Spencer, S. J. (1996). Stereotypes and prejudice: Their overt and subtle influence in the classroom. The American Behavioral Scientist, 40(2), 176.