Introduction to the Challenges of European and French Law in Legal Informatics
Dissertation - 15 pages - Droit européen
The " new technologies " which appeared thirty years ago and are characterized by a considerable development are subject to fundamental legal questions. The definition of new technologies remains vague and includes the information and communication technologies. The information and communication...
The major problem for European Union environmental law is that it has been marginalized by the failure to incorporate environmental requirements into other sectors of union activity. Discuss
Étude de cas - 13 pages - Droit autres branches
A healthy environment is essential to long term prosperity and quality of life and citizens in Europe demand a high level of environmental protection'. This quote from the European Commission and the introduction of the Sixth Environment Action Programme - 'Environment 2010: Our...
European Labour law: Compare and contrast the role and concerns of International Law with those of European Law in the field of Employment
Thèse - 7 pages - Droit européen
Employment law is a contract between an employer and an employee; it is issues regarding employment, workplace discrimination and other private law issues. With the evolution of the International and the European law, Employment law has evolved in parallel and...
Migration Law - A Human Right to Migration in International Law and European Community Law
Dissertation - 11 pages - Libertés publiques
To answer the question of the existence of the human right to migrate, the notion of migration and human right themselves must first be studied. Migration can be defined as a movement of persons from one country or locality to another one. Only international migrations, from one country to...
European Law - Article 30 of the Treaty of the European Union
Commentaire de texte - 4 pages - Droit européen
Article 230 of the Treaty of European Community is the principal Treaty which can challenge community norms. Four conditions have to be satisfied in order to allow this mechanism. First of all, the act has to be quoted by the article, secondly the institution or person who challenges the...
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Mémoire - 25 pages - Droit européen
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the...
How European Law Is Made?
Fiche - 1 pages - Droit européen
The European Union was created in 1992 by the Maastricht treaty. It is a structure which includes the European Community and its law which is by far the most important of EU laws and deals with economic and social rights. In addition to it, other sources of law...
European Human Rights Law
Fiche - 3 pages - Droit européen
Article 2 of the European Convention of Human Rights, imposes a duty on States to protect and respect life, and has put to another level the importance of positive obligations on States. The lawfulness of intentional and unintentional killings as well as the level of effectiveness of the...
European union law
Dissertation - 4 pages - Droit autres branches
According to the European Court of Justice, the ability to review the legality of Community Acts is a part of "the complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions". Following article...
Principles and Practices of Consumer's Protection within the European Union
Dissertation - 19 pages - Droit européen
The objective of the European Union is to protect the health, safety and the economic well-being of its citizens. In this regard, it is the responsibility of the EU to promote the right to information, help in safeguarding the interests and encourage the member states to set up consumer...
Implementation of European Law in a federal state: The Belgian case between coherence and autonomy
Fiche - 9 pages - Droit européen
Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the European Commission in its White Paper on Governance deals...
Discuss the use made by the European Court of Justice of Articles 10 and 249 EC (ex Articles 5 and 189) to increase the effectiveness of Community law for individuals
Dissertation - 9 pages - Droit européen
International Law, by its nature binds the State in its executive, legislative, and judicial activities, and no international tribunal would permit a respondent State to plead provisions of its law or constitutions as a defence to an alleged infringement of an international...
Criminal law in European Democracy
Dissertation - 17 pages - Droit pénal
Criminal law refers to the need of justice in a society. The European region is called as a continent in geographical terms. However on a broader sense Europe is the Western fifth of the Eurasian landmass of the European Union. Criminal policy in democratic states should...
General principles of the Canadian constitutional law
Dissertation - 4 pages - Droit constitutionnel
As a former member of the British Empire, Canada has been widely influenced by certain aspects of the English law. The Canadian parliamentary system finds its origins in the British institutions that were settled after the conquest of 1760 and more particularly with the 1791 constitutional...
The European Services Directive
Dissertation - 7 pages - Droit européen
The European Services Directive has been one of the most controversial projects of European Law. Drafted by the Prodi European Commission in 2004, it became a core issue in the French debate over the European Constitution one year later despite its being...
English legal system: the Sources of English Law
Cours - 87 pages - Droit constitutionnel
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Cour de cassation, Chambre mixte, 8 juin 2007 - Le cautionnement et l'opposabilité des exceptions personnelles
Commentaire d'arrêt - 9 pages - Droit civil
En l'espèce, par un acte en date du 8 octobre 1993, une personne physique s'est portée caution solidaire envers une autre du paiement du prix de vente d'un fonds de commerce cédé à une société dont elle était le dirigeant. Ladite société ayant été mise en liquidation judiciaire la caution...
Constitutional and administrative law
Dissertation - 4 pages - Droit constitutionnel
The rule of law' is a system of rule in which the relationship between the State and the individual is governed by the law, protecting the individual from arbitrary state action.The rule of law is better understood by translating it into French as 'primauté du...
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
Dissertation - 8 pages - Droit international
First, we will discuss whether the principle known as "the fruit of the poisonous tree? in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was "clear? according to Louis Henkin in 1968 but one cannot deny that the end...
A critical analysis of the provisions made in family law for homosexual couples in Scotland and France with particular reference to adult relationships
Dissertation - 7 pages - Droit pénal
The Homosexuality is not anymore a painful problem and in our days people speak easily about their homosexuality. The Homosexuality is severely condemned in sacred texts that approach questions link to procreation, the family model, filiations and for which, homosexuality is against nature. For...
Protection of homosexual rights by the European Court of Justice and influence of its decisions in member states' national legal order.
Dissertation - 14 pages - Droit européen
The institutionalization of Europe was done in favor of the protection of liberty and human rights. But, is this protection effective for sexual minorities and more precisely for homosexual community? In January 18th 2006, the Parliament of Europe adopted a resolution on homophobia. This measure...
Why has the European Court of Justice been so central to the process of integration?
Dissertation - 9 pages - Droit européen
Law is often still treated as if it were a separate field, clearly distinct from the economic or political spheres . As the European Court of Justice (ECJ) has never been given a lot of media coverage, most of the time, its role in the integration process is either...
Public international law - the problems associated with the proliferation of international judicial bodies
Dissertation - 7 pages - Droit international
Since the end of the Cold War, a new phenomenon in international law has surfaced: the proliferation of international judicial bodies as a consequence of the increasing number of treaties. More than just a numeral observation, there have been changes concerning the nature and competences...
Comparative public law essay
Étude de cas - 9 pages - Droit autres branches
Each and every one of us enters this world with a cry, and it is with this utmost fundamental expression of ourselves that we first convey to our parents our basic needs and wants, later expanding the scope of communication to friends and then the community. This is why speechand thereby...
Consistence between the English Criminal Justice and Article 6 of the European Convention of Human Rights
Dissertation - 8 pages - Droit pénal
The United Kingdom was one of the original parties to the European Convention of Human Rights and Fundamental Freedoms (ECHR). States which contract into the ECHR are obliged to secure the enjoyment of Convention rights for their citizens. Sometimes positive actions may be required as...
The Objectivity and Universality of International Human Rights Law : Two of its Utopian Claims ?
Dissertation - 9 pages - Droit international
The question of human rights and their consequences in the natural and objective scenarios are relative to the cultural context in which they arise. In this document, we will demonstrate how even if the instruments of Human Rights international Law try to defend a universal conception of...
English Legal System : The Administration of England and Wales
Cours - 93 pages - Droit autres branches
We'll study the administration of justice in England and Wales. Scotland has it's own courts and system. Civil and criminal justice have come close to each other. They must be treated separately because they are very different in particular in the point of view of appeals and the...
Free movement of people among administrations of the Member States
Dissertation - 3 pages - Droit européen
Free movement of people (workers) in the European Union (EU) Member States is one of the Four Freedoms and was developed from the concept of EU citizenship introduced by the Maastricht Treaty (1992). In fact, the European Coal and Steel Community (1951) established a right for free...
CAVEJ L1 Anglais juridique
Cours - 222 pages - Droit autres branches
Wales remained a separate entity from England until the 16th century. Wales is composed of a number of principalities (principautés) with distinct characteristics. Those differences resulted in various conflicts until the middle Ages. Fortunately, in 1536, the Act of Union integrated together...
The concept of electronic contracting under English common Law
Dissertation - 16 pages - Droit des affaires
The internet and technology has provided a global marketplace and are being increasingly used for communications between businesses and by business to consumers. As e-commerce continues to grow at an increasing rate, a large number of transactions are being completed on time, particularly as...