5.12 The relationship between Community law, the Union and the English legal system The wording of Article 10 of the EC Treaty (formerly Article 5) is uncompromising and in order to comply with it the UK enacted the EC A 1972 to incorporate the Treaty of Rome into UK law. Again, these areas will be studied in detail in substantive subject areas, but in brief the key section is s 2 which among other things provides that:

2012 ◽  
pp. 168-168
Keyword(s):  
Legal System ◽  
Community Law ◽  
Treaty Of Rome ◽  
Subject Areas ◽  
The Uk ◽  
Article 5 ◽  
The Relationship

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

scholarly journals The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System

2016 ◽  
Vol 9 (14) ◽  
pp. 69-95
Author(s):  
Dominik Wolski
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Burden Of Proof ◽  
European Countries ◽  
Private Enforcement ◽  
Antitrust Enforcement ◽  
Eu Member States ◽  
The Uk ◽  
The Relationship ◽  
Principle Of Liability

In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and expressed in its Assumptions behind the Draft Act on complaints for damages caused by the breach of competition law. Subsequently, the principle of liability was assessed again at the reconciliation conference held at the Ministry of Justice. This is but a part of a broader discussion about the relationship between the rule of liability existing in national laws being applied to private enforcement cases and EU law as well as limitations arising from the latter. After outlining this interplay, the paper will briefly introduce solutions adopted with respect to the principle of liability in the context of private enforcement in selected European countries. The selection is not random, despite the fact that a limited number of countries has been analysed – eight including Poland. These include the most advanced EU Member States when it comes to private antitrust enforcement (such as the UK, Germany or the Netherlands), along with less developed examples (such as Italy or France), and even underdeveloped countries when it comes to the number and popularity of private antitrust litigations (such as Lithuania and Poland). This sort of analysis paints a relatively comprehensive picture of the adopted solutions in relation to the principles of liability governing private enforcement cases in Europe. The same is true for the issue of the burden of proof and presumptions/binding power in civil proceedings of decisions issued by competition authorities. Furthermore, what seemed to be crucial for the drafters of the Damages Directive, this sort of analysis makes it possible to formulate certain conclusions with respect to the relationship between the effectiveness of private enforcement in a given State and the adopted principle of liability. The final conclusions understandably focus on the Polish example, that is, the implementation of the Damages Directive into the Polish legal system.

(d) the relationship between differing Community rights and obligations; (e) following and considering the arguments put forward; (f) a consideration of the impact of the case on Community law and the English legal system. This reading gives you an opportunity to see where you are in your understanding of these matters. Van Gend en Loos was decided early in the development of Community law and remains a leading case on the potential legal effect of an article in one of the founding treaties in the legal system of Member States. 5.6.2 The initial reading It is always a good idea to quickly read documents before a more considered reading, as long as you know why you are reading them. So, please now turn to Appendix 2 and read the case quickly (note that the numbers in brackets from (1)–(97) have been placed in the case to assist you with later work on it. Just ignore them for now). Once you have read the case quickly and have a general idea of what it is about, read it a second time, more slowly, and then answer the following questions: (1) In no more than 50 words, state the facts of the case (the fewer words the better). (2) What does Vand Gend en Loos want the court to allow? (3) What has to be decided before Vand Gend en Loos can get what they want? (4) What is the rationale behind the decision? (5) What are the legal issues in the case? (6) Do you find the language of the case difficult, or the case itself difficult to read? Give reasons for your answer. 5.6.3 The second reading: the tabulated micro-analysis of the case What you may have noticed in your reading of the case and subsequent answering of the questions is that the language of the law report is very different in style to that of an English law report. You are reading a translation of the working language of the EU, which is French not English, although all languages have equal status within the Community. What you will have immediately noticed is that the report reads as a series of descriptions and assertions. You will not find the reasoned, illustrative argumentative techniques that are the more familiar to the common law lawyer. Think, for example, of the case of Mandla v Dowell Lee [1983] 1 All ER 162 or George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44. To assist you to methodically engage with this case, it has been broken down into a table style format that takes you through each paragraph. The paragraphs have been numbered in the table according to the bracketed numbers that have been inserted into the text in Appendix 3 so that you can read the actual paragraph as well as its précis in the table. This should be useful as you can see a steady demonstration of summarising dense or technical text. In addition, a classification of the function of each paragraph is given under headings such as:

2012 ◽  
pp. 172-172
Keyword(s):  
Legal System ◽  
General Idea ◽  
Community Law ◽  
Legal Effect ◽  
The Common ◽  
Initial Reading ◽  
Micro Analysis ◽  
The Impact ◽  
The Relationship

scholarly journals Practice, Discourse and Experience: The Relationship Between Design History and Architectural History

2019 ◽  
Vol 33 (1) ◽  
pp. 1-15
Author(s):  
Jessica Kelly ◽  
Claire Jamieson
Keyword(s):  
Architectural History ◽  
Second World War ◽  
Design History ◽  
Recent Past ◽  
World War ◽  
Academic Identities ◽  
Subject Areas ◽  
The Uk ◽  
The Relationship ◽  
Second World

Abstract This Special Issue explores the relationship between architectural history and design history; two disciplines with close subject areas and methodological links, but which have developed distinct institutional and academic identities that often separate them. This introduction frames the articles contained in the issue—which in different ways demonstrate the compelling nature of research that straddles these disciplines—through an examination of the roots such research approaches have within the recent past of each field. Through a re-reading of key moments within the historiography of each discipline in the UK and USA since the Second World War, it is possible to understand how architectural and design history have evolved in relation to each other, and how the expansion of each into the territory of the other has emerged.

In order to understand the development of the Community and the development of the Union it is necessary to bear in mind several matters: (a) The nature of the Union and the Community. (b) The treaties setting up the Community and then the Union (included here are the founding treaties, the accession treaties, and the amending treaties). (c) The institutions of the Community and latterly the Union. (d) The sources, types and differing effects of Community law. (e) The effect of Community law or EC law on the English legal system. These areas will be considered next. 5.5.3 The nature of the European Community The Treaty of Rome 1957 states the main principle of the Community as the maintenance of economic and social progress, and naturally flowing out of this primary principle are a number of other principles aiming to unite Member States for the purpose of social, economic and legal union. It specifically states it is aiming to lay ‘the foundations of an ever closer union’. Part of the difficulty that can occur in attempting to understand the Community perhaps lies in the fact that it was never a specific place but a way of trading and of relating financially, legally, politically, socially and culturally.

2012 ◽  
pp. 148-148
Keyword(s):  
European Community ◽  
Legal System ◽  
Social Economic ◽  
Social Progress ◽  
Main Principle ◽  
Member States ◽  
Community Law ◽  
Treaty Of Rome ◽  
Ec Law

Article 177 of the Treaty of Rome and the Evolution of the Doctrine of the Supremacy of Community Law

1978 ◽  
Vol 15 ◽  
pp. 276-286
Author(s):  
Philip Raworth
Keyword(s):  
Member States ◽  
Community Law ◽  
Court Of Justice ◽  
Sensitive Issue ◽  
Municipal Law ◽  
Treaty Of Rome ◽  
The Law ◽  
The Relationship

The Reference Under Article 177Article 164 of the Treaty of Rome sets up a Court of Justice of the Communities whose task it is to ensure that “in the interpretation and application of the Treaty the law is observed.” The Court exercises this jurisdiction in various ways. It can hear actions against member states for violations of the Treaty and it can review the legality of the acts — or lack of action — of the Community organs. The Court of Justice also has a more or less plenary jurisdiction over certain purely Community matters. In none of these areas, however, has the Court had to deal with the sensitive issue of the relationship between municipal law and Community Law; this issue has come before it only by way of the reference under Article 177 of the Treaty of Rome.

Thromboplastin Related Differences in the Determination of International Normalised Ratio: A Cause for Concern?

1994 ◽  
Vol 72 (03) ◽  
pp. 426-429 ◽  
Author(s):  
S Kitchen ◽  
I D Walker ◽  
T A L Woods ◽  
F E Preston
Keyword(s):  
Patient Management ◽  
External Quality Assessment ◽  
Oral Anticoagulant Therapy ◽  
Warfarin Dosage ◽  
External Quality ◽  
External Quality Assessment Scheme ◽  
International Normalised Ratio ◽  
The Uk ◽  
The Relationship

SummaryWhen the International Normalised Ratio (INR) is used for control of oral anticoagulant therapy the same result should be obtained irrespective of the laboratory reagent used. However, in the UK National External Quality Assessment Scheme (NEQAS) for Blood Coagulation INRs determined using different reagents have been significantly different.For 18 NEQAS samples Manchester Reagent (MR) was associated with significantly lower INRs than those obtained using Diagen Activated (DA, p = 0.0004) or Instrumentation Laboratory PT-Fib HS (IL, p = 0.0001). Mean INRs for this group were 3.15, 3.61, and 3.65 for MR, DA, and IL respectively. For 61 fresh samples from warfarin-ised patients with INRs of greater than 3.0 the relationship between thromboplastins in respect of INR was similar to that observed for NEQAS data. Thus INRs obtained with MR were significantly lower than with DA or IL (p <0.0001). Mean INRs for this group were 4.01, 4.40, and 4.59 for MR, DA, and IL respectively.We conclude that the differences between INRs measured with the thromboplastins studied here are sufficiently great to influence patient management through warfarin dosage schedules, particularly in the upper therapeutic range of INR. There is clearly a need to address the issues responsible for the observed discrepancies.

Researching (with) Major Food Retailers

2015 ◽  
Vol 15 (3) ◽  
pp. 33-39 ◽  
Author(s):  
David Evans
Keyword(s):  
Food Systems ◽  
Academic Research ◽  
Social Scientists ◽  
Major Food ◽  
Food Retailers ◽  
Food Retailer ◽  
The One ◽  
The Uk ◽  
The Relationship ◽  
Opening Up

This paper considers the relationship between social science and the food industry, and it suggests that collaboration can be intellectually productive and morally rewarding. It explores the middle ground that exists between paid consultancy models of collaboration on the one hand and a principled stance of nonengagement on the other. Drawing on recent experiences of researching with a major food retailer in the UK, I discuss the ways in which collaborating with retailers can open up opportunities for accessing data that might not otherwise be available to social scientists. Additionally, I put forward the argument that researchers with an interest in the sustainability—ecological or otherwise—of food systems, especially those of a critical persuasion, ought to be empirically engaging with food businesses. I suggest that this is important in terms of generating better understandings of the objectionable arrangements that they seek to critique, and in terms of opening up conduits through which to affect positive changes. Cutting across these points is the claim that while resistance to commercial engagement might be misguided, it is nevertheless important to acknowledge the power-geometries of collaboration and to find ways of leveling and/or leveraging them. To conclude, I suggest that universities have an important institutional role to play in defining the terms of engagement as well as maintaining the boundaries between scholarship and consultancy—a line that can otherwise become quite fuzzy when the worlds of commerce and academic research collide.

Sign in / Sign up

Export Citation Format

Share Document