10. Skills for Success in Coursework Assessments

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Law ◽  
The Other ◽  
Eu Law ◽  
Law Schools ◽  
Undergraduate Level ◽  
Procedural Law ◽  
European Universities ◽  
Substantive Law

In Chapter 1, some of the different or special considerations of EU were outlined. In some of the other chapters, I indicated certain questions, which due to their nature might be suitable as coursework questions. In this chapter, I will provide some guidance in tackling EU coursework questions. It may be that coursework is a percentage or in some cases the whole assessment for your EU law module. In my experience, having been an internal or external EU law examiner in about 20 UK and European Universities, word limits can also vary but depending on the percentage value carried, may be just 2,000 words up to 7,500 for undergraduate coursework. 10,000 words cannot be ruled out, but would be the exception. Some coursework questions will be in the form of an essay-style question and some will be in the form of a problem. The problem questions are likely to be composite questions but are unlikely in EU law to be fully mixed questions involving both procedural law and substantive law, although it is not ruled out; there are over 100 law schools out there and they can vary considerably in their coursework requirements. In EU law, I have observed that longer coursework questions tend to concentrate either on one involving a number of procedural actions, or on specific substantive subjects such as the free movement of goods or persons, competition law, or discrimination law. The questions at undergraduate level are more likely to be set questions, but longer word limits might alternatively involve you in choosing your own topic....

Competition Law in Europe

2020 ◽  
pp. 103-114
Author(s):  
David J. Gerber
Keyword(s):  
Reference Point ◽  
Competition Law ◽  
Institutional Arrangements ◽  
The Other ◽  
Multiple Voices ◽  
The Us ◽  
National Boundaries ◽  
Substantive Law ◽  
European Competition Law

European competition law is the other central player in the competition law world, so an entire chapter is devoted to understanding how it works and how to deal with it. Virtually all firms operating beyond their own national boundaries need to pay attention to it, many regimes use it as a model and reference point, and its institutions have broad and often deep influence on many others. Some aspects of the substantive law are similar to US antitrust, but the similarities are sometimes misleading. For example, EU law uses economic analysis in ways that often differ from how it is used in the US. Procedural and institutional arrangements are often complicated. They represent multiple voices, as national and EU institutions function together to create, apply, and enforce competition law. The chapter reveals how this system functions and what factors guide decisions in it. It looks, in particular, at the institutional arrangements between the EU and its member states, including the role of the European Competition Network.

The shape of Athenian laws

1998 ◽  
Vol 48 (1) ◽  
pp. 93-109 ◽  
Author(s):  
Christopher Carey
Keyword(s):  
The Other ◽  
Classical Period ◽  
Late Archaic ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Binary Division ◽  
Substantive Law

The title is unashamedly plagiarized from Stephen Todd's excellent book, The Shape of Athenian Law. The plagiarism is slightly misleading, however, since my interest is in law as enactment (Gesetz) while Todd's title expresses his interest in law as system (Recht). The issue I wish to address is the formulation of written laws in Athens during the late archaic and classical period, specifically the balance between procedural and substantive law. Substantive law deals with rights, obligations, offences, etc. Its role is to define behaviour which is required, allowed, or prohibited. These are what Hart terms ‘primary rules’. Procedural law, on the other hand, deals, as the name suggests, with the administration of justice, that is with jurisdiction, process, etc. Hart's term for these is ‘secondary rules’. The two cannot be separated quite as neatly as I have suggested, of course. A procedural law can scarcely avoid mentioning the offences or rights whose punishment or protection it regulates, while a substantive law may need to address issues such as jurisdiction. This is therefore an issue of orientation, not a simple binary division. However, as a broad basis for classification it is of value.

9. Competition Act 1998: substantive provisions

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Case Law ◽  
Eu Law ◽  
Eighth Edition ◽  
The Relationship

This chapter discusses the Competition Act 1998, which serves as a basis for UK competition law. Following an overview of the Competition Act, it considers decisional practice and case law under the so-called Chapter I and Chapter II prohibitions in the Competition Act, which are modelled after Articles 101 and 102 TFEU. It discusses the relationship between EU and domestic competition law, including the important ‘governing principles’ clause in section 60 of the Competition Act, which is intended to achieve consistency with EU law. The chapter contains a table of all the decisions under the Competition Act to have been published on the website of the Competition and Markets Authority (‘the CMA’) since the eighth edition of the book up until 8 December 2017. The chapter concludes with a discussion of the application of the Competition Act in practice and the possible implications of Brexit for UK competition law.

Spelling of Words

1993 ◽  
Author(s):  
Rebecca Treiman
Keyword(s):  
First Graders ◽  
The Other ◽  
Writing System ◽  
English Writing ◽  
Simple Classification ◽  
English System ◽  
Shed Light ◽  
Level Of Analysis

In studying the first graders’ spellings, it is reasonable to begin at the simplest possible level of analysis. The most basic way to look at the children's spellings is at the level of whole words. At this level, the simplest possible question is whether a word is spelled correctly or incorrectly. Once children’s spellings are classified as correct or incorrect, a number of questions arise. Are some words easier for children to spell correctly than others? If so, what kinds of words are easy to spell and what kinds of words are hard to spell? The answers to these questions should shed light on the difficulties that children face in learning the English writing system. For example, if children have more trouble on irregular words than on regular words, one could suggest that the irregularity of the English system is one source of difficulty in learning to spell. If children often misspell inflected and derived words, one could suggest that the morphological basis of the English writing system is a problem for first graders. Such issues are addressed in the first section of this chapter. Although it is easy to classify children’s spellings of whole words as correct or incorrect, this simple classification may obscure potentially important information. For example, although KARE is the wrong spelling of care, this error is a plausible rendition of the word's spoken form. The letter k is a reasonable rendering of the phoneme /k/; /k/ is spelled as k in words like kite and king. In the terms introduced in Chapter 1, KARE is a legal misspelling of care. On the other hand, CA is an illegal spelling of care. It contains no representation of the /r/. In this chapter, I take a first step beyond the correct/incorrect distinction by classifying errors on whole words as legal or illegal. I ask whether some kinds of words give rise to more legal errors than other words and why. Legal errors are not all alike. They differ from one another in a number of ways, one of which is how easy they are to decipher.

5. Procedure: investigation

2019 ◽  
pp. 94-134
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Eu Law ◽  
Criminal Jurisdiction ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Laws ◽  
The Way

This chapter deals with the way in which infringements of Articles 101 and 102 TFEU and Chapter I and II Prohibitions of the Competition Act 1998 are investigated and attacked. The European Commission has its own powers to investigate infringements of EU competition law by virtue of Regulation 1/2003. It may cooperate with national competition authorities (NCAs), who also have their own powers by virtue of EU law and their respective national competition laws. NCAs and the European Commission cooperate through the European Competition Network (ECN). The European Commission and the Competition Markets Authority (CMA) may obtain information, or may investigate on-site. The CMA also has criminal jurisdiction in some cases. Undertakings subject to investigation have rights that must be observed.

scholarly journals A question of procedural law: the principle of the inalterable nature of a tried case and the violation of EU law

2014 ◽  
pp. 101-112
Author(s):  
João Ramos Lopes
Keyword(s):  
Time Limit ◽  
The Other ◽  
Preliminary Ruling ◽  
Eu Law ◽  
Legal Certainty ◽  
Procedural Law ◽  
Other Hand ◽  
The Moment ◽  
The One

The reform operated in the regime of civil appeals by the Decree-law 303/2007, from 24 August 2007, introduced a new basis for an extraordinary appeal for review. This paper states our views on the (in)conformity with EU law of the solution put forward by the Portuguese legislator in order to ensure, on the one hand, the legal certainty and, on the other hand, the validity (here entailed in the jurisprudence of the CJEU), by establishing for the extraordinary appeal for review a maximum preclusion time limit of five years from the moment the ruling under review is passed, in cases in which the decision was made by a court of last resort, that failed to fulfill its obligation to ask for a preliminary ruling.

scholarly journals Judicial review of revocation decisions in the context of European banking supervision

2019 ◽  
Vol 12 (1) ◽  
pp. 175-193
Author(s):  
Barbora Budinska
Keyword(s):  
Case Law ◽  
Eu Law ◽  
Banking Supervision ◽  
Top Down ◽  
Procedural Law ◽  
European Banking ◽  
The One ◽  
Substantive Law ◽  
National Competent Authorities ◽  
Principle Of Legality

The Single Supervisory Mechanism (SSM), a system centralising banking supervision in Europe, is comprised of the European Central Bank (ECB) and the national competent authorities (NCAs). The paper focuses on a new phenomenon occurring within the SSM, the so-called Top-Down revocations which might require the Court of Justice (Court), while reviewing a decision of the ECB, to also incidentally review a decision of an NCA. The paper first shows that such an incidental review creates a tension between, on the one hand, the principle of legality, thus the Court's obligation to review EU acts and, on the other hand, the principle of EU law autonomy which prohibits situations where EU law depends in its interpretation, validity or application on national law. Second, the paper analyses Court's case law on 'derivative illegality' and argues that the Court's approach adopted there can be carefully applied to Top-Down revocations. Finally, it argues that the Court can review such revocation decisions in three situations: (1) when the review of the revocation decision suffices to determine the unlawfulness of the national measure; and when the lawfulness of the national act can be assessed in the light of (2) EU procedural law; and (3) EU substantive law.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law

2018 ◽  
Vol 5 (2) ◽  
pp. 199 ◽  
Author(s):  
Wojciech Paweł SZYDŁO
Keyword(s):  
Crude Oil ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Dominant Position ◽  
Oil Companies ◽  
Effective Competition ◽  
Oil Pipelines ◽  
Transfer Services ◽  
The Eu

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.

Doctrine and Dialectic in Plato’s Dialogues

2018 ◽  
Author(s):  
Rachana Kamtekar
Keyword(s):  
Methodological Approach ◽  
The Other ◽  
Set Up

Chapter 1 lays out the methodological approach employed throughout the book, which is to pay attention to the dialectical dependence of what the main speaker in the dialogue says on the intellectual problem(s) set up in the dialogue both by himself and the other speakers. To illustrate, Chapter 1 describes Socrates’ use of the method of hypotheses from the Meno and Phaedo to answer questions that go beyond his claims to knowledge in the Republic.

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