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

Introduction The European Commission is required to ensure that all Member States comply with EU law and thereby seek out any infringements that are taking place. If necessary, the Commission may bring an end to such infringements by commencing proceedings in the European Court of Justice (ECJ); Van Gend en Loos v Nederlandse Administratie der Belastingen. Such proceedings are brought under Articles 258, 259 and 260 of the Treaty on the Functioning of the European Union (TFEU) (previously Articles 226, 277 and 228 of the European Community (EC)). In the instant scenario, the Commission has decided to take action against the UK under Article 258 TFEU for failing to fulfill its obligations under the Treaty. This is being done on the grounds that the UK has failed to implement the new Directive (the Directive), adopted by the Council of Europe, that was to be implemented by all Member States by the 1 February 2014. Article 258 states; â€Å"If the Commission considers that a Member State had failed to fulfill an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations†. The UK will therefore have an opportunity to raise any defenses within the time that has been specified by the Commission. If the UK fails to submit its observations, the Commission may then bring the matter before the ECJ as shown in Commission v United Kingdom. Here, it was held by the ECJ that; â€Å"assuming the Commission’s submissions are correct, it is not for the Court to give such an interpretation with the aim of correcting Article 2(1) of the Thirteenth Directive†. This case demonstrates that even if the Commission does take action against the UK, this does not mean that the ECJ will intervene. As pointed out by Haynes; â€Å"the Court has over the years been somewhat inconsistent in terms of the degree of interventionism in which it is prepared to engage in order to protect and p reserve the integrity of Community legislation and to iron out those inconsistencies that inevitably creep in.† Despite this, it is up to the Commission to decide whether infringement proceedings ought to be commenced; Alfons Lutticke GmbH v Commission. The Commission thus plays an important role in launching infringement proceedings against Member States and is capable of taking â€Å"whatever action it deems appropriate in response to either a complaint or indications of infringements which it detects itself.† An investigatory process will first be undertaken, which will then be followed by a letter of formal notice that will be served upon the Member State. Once a letter of formal notice has been served upon the Member State, where necessary, a referral to the ECJ will then be made. The procedure that has been established under Article 258 TFEU consists of two phases; pre-litigation and litigation. The intention of the pre-litigation phase is to provide a Member Stat e with the opportunity to comply with the Treaty requirements or provide a justification of its reasons for not doing so; Commision v France. Therefore, the Commission is capable of using the pre-litigation phase as a tool to persuade the UK to comply with the Directive. If the Commission is unsuccessful in persuading the UK to comply with the Directive, the pre-litigation phase will be used as a means of defining the subject-matter of the dispute; Joined Cases 142/80 and 143/80 Essevi and Salengo. It will then be up to the ECJ to determine whether the UK has breached its duties under the Treaty; Germany v Commission. In communicating with the UK on its infringement, it is likely that the Commission will use the EU Pilot that was established as a means of communication between the Commission and Member States. If the EU Pilot fails to resolve the dispute, the Commission may instigate infringement proceedings by giving the UK the opportunity to submit its observations. This is done b y issuing a letter of formal notice; Commission v Austria. The UK will consequently have the chance to submit its reasons for not implementing the Directive as shown in Commission v Portugal. Accordingly, it will thus be argued that there was pressure on parliamentary time and that the Directive will be implemented shortly. The UK will also be able to put forward its observations on Portugal’s non-implementation of the Directive and the fact that it is very early to bring an enforcement action against the UK. If the Commission does not agree with the UK’s response and the UK has not made any attempt to implement the Directive, the Commission may follow this up with a reasoned Opinion, which may then lead to an action before the ECJ; Commission v Germany. The Commission, in its reasoned Opinion, will set out the action it requires the UK to take in order to comply with the Directive and the reasons why it thinks the UK has failed to fulfil one of its Treaty obligations; Commission v Italy. Whilst the time limit that is to be laid down will be based upon a number of different factors, including the urgency of the matter, it is likely that the UK will have around 60 days to respond to the reasoned Opinion. This is intended to give the UK an opportunity to comply or put forward its right of defence as illustrated in Commission v Luxembourg. If the UK does not comply with the reasoned Opinion, the Commission will be capable of deciding whether the matter should be brought before the ECJ. The ECJ will not be concerned with the nature or seriousness of the infringement; Commission v Netherlands, but instead whether there has been a failure to fulfil obligations; Commission v Italy and the burden of proof will be on the Commission. Given that there has been a failure by the UK to fulfil its Treaty obligations under the new Directive, the ECJ will find that there has been an infringement. Although the UK may be able to put forward a defence that the Direc tive will be implemented shortly, it is doubtful that this will suffice as there is very little chances that defences to infringement are successful; Commission v Germany and Commission v Austria. Nor will the UK be able to argue that there has been pressure on Parliamentary time since it was evidenced in Commission v Spain that Member States may not plead that situations or practices existing in its internal legal order have caused the infringement as this will not justify a failure to comply with obligations under EU law. Nevertheless, in Commission v Italy Italy was able to rely on force majeure to justify non-compliance when it encountered temporary insuperable difficulties preventing it from compliance. Pressure on parliamentary time is not likely to be considered a temporary insuperable difficult. Furthermore, the fact that Portugal has failed to implement the Directive will be irrelevant as it was made clear in the Commission v France case that a Member State cannot rely on a possible infringement of the Treaties by another Member State to justify its own infringement. Since the UK has contended that it will implement the Directive shortly, it is likely that the principle of sincere loyalty (Article 4(3) TFEU) will apply. This principle demonstrates that Member States shall act in good faith by co-operating and providing the Commission will the relevant information it requests; Commission v Luxembourg. 2. Does Mr Steymann have any legal right to pursue the matter himself in EU Law? Mr Steymann will not be able to bring an action to the ECJ on the basis that his interests have been harmed by the UK’s failure to implement the Directive; Star Fruit Co. v Commission. However, he will have two options available to him. He can either make a complaint to the Commission, which might result in the Commission initiating proceedings under Article 258 TFEU, or he can bring proceedings in the UK courts under the principle of direct effect. Once a complaint is received by the Commission, a decision will then be made as to whether proceedings ought to be initiated against the UK. In making this decision, the Commission will insist on its discretionary power to determine whether it is worth commencing proceedings. In Commission v Greece a complaint was made to the Commission, which resulted in proceedings being commenced. The Commission, in its reasoned Opinion, established that there was an interest in bringing proceedings and the action was deemed admissible in so far as it concerned the subject matter of the dispute. EU law infringements may also be challenged before national courts, through the principle of direct effect. As such, Mr Steymann may be able to pursue the matter himself the UK courts he if can demonstrate that the Directive has direct effect and that there exists an appropriate remedy. Once the UK implements the Directive, Mr Steyman will most likely sell more gas boilers as he appears to be disadvantaged by the fact that the UK has failed to implement the new Directive. It will be more expensive to manufacture the equipment in the UK in compliance with EU law, which will prevent UK manufacturers from being able to sell the boilers at a much lower price. The principle of direct effect allows Member States to be challenged at national level by litigants seeking to rely on the direct effect of EU law. Mr Steymann will therefore be capable of taking advantage of the direct effect principle, which enables individuals to immediately invoke a European provision before a national or European court as highlighted in Van Gend en Loos v Nederlandse Administratie der Belastingen. As the consequence in the instant scenario is between an individual and the State, Mr Steymann will be able to invoke the European provision through vertical direct effect. For a Directive to have direct effect, nonetheless, the obligations must be clear, precise and unconditional. This was identified in Van Duyn v Home Office it was h eld by the Court of Justice that Article 3 (1) of the Residence and Public Policy, Security and Health Directive 54/221 was sufficiently precise to be capable of having direct effect, despite the fact that the scope of public policy and public security would require determination by the Court. Therefore, it is likely that the Directive on the environmental performance of gas boilers will be capable of having direct effect if it is shown to be clear and precise as enunciated in Defrenne v Sabena. It may also be deemed ‘unconditional’ on the basis that Member States are obliged to manufacture gas boilers in accordance with the provisions in the Directive; Van Gend en Loos v Administratie der Belastingen. However, if the Directive is subject to additional measures, then it will not be capable of having direct effect; Costa v ENEL. Overall, it seems as though the Commission has the ability to bring an end to the UK’s infringements of EU law by commencing proceedings in the European Court of Justice. As there has been a failure by the UK to fulfil its treaty obligations, it is likely that the Commission will be successful in taking action against the UK. Nevertheless, the UK will still be able to put forward a number of defences, though it is unlikely that these will prove to be a success. Since the UK has made it clear that the Directive will be implemented shortly, the principle of sincere loyalty will most likely apply. Mr Steymann also has a legal right to pursue the matter himself through the national courts under the principle of direct effect. Before doing so, however, it would be appropriate for him to make a complaint to the Commission as this could then lead to the initiation of proceedings. In bringing the action himself, Mr Steymann will be required to show that the Directive has direct effect and that there is an appropriate remedy available. Bibliography Books D Chalmers and G Davies. European Union Law: Cases and Materials, (London: Cambridge University Press, 2010). S Anderson. The Enforcement of EU Law: The Role of the European Commission, (Oxford: Oxford University Press, 2012). S Weatherill. Cases and Materials on EU Law, (Oxford: Oxford University Press, 2012). Journals EUR-Lex. ‘Document 12008E258’ (2008) [27 July, 2014]. Europa. ‘The Direct Effect of European Law’ (2010) [27 July, 2014]. European Commission. ‘Infringements of EU Law’ (2010) European Commission Application of EU Law, [27 July, 2014]. R Haynes. ‘Case C-582/08 Commission v United Kingdom’ (2010) De Voil Indirect Tax Intelligence, Volume 12 Issue 173. R Rawlings. ‘Engaged Elites: Citizen Action and Institutional Attitudes in Commission Enforcement’ (2006) European Law Journal, Volume 6, Issue 4, 447. R White and A Dashwood. ‘Enforcement Actions under Articles 169 and 170 EEC’ (1989) European Law Review, Volume 14, 388-389. S Enchelmaier. ‘Always at Your Service (Within Limits): The ECJ’s Case Law on Article 56 TFEU (2006-11)’ (2011) European Law Review, Volume 36, No 5, 623. Legislation Treaty on the Functioning of the European Union (TFEU) Case Law Alfons Lutticke GmbH v Commission Case 48/65, [1962] ECR 501 Commission v Austria Case 10/10, [2011] ECR I-5389 Commission v Austria Case 194/01, [2004] ECR I-4579 Commision v France Case 159/94, [1997] ECR I-5815, para 103 Commission v France Case 232/78, [1979] ECR 2729 Commission v Germany Case 191/95, [1998] ECR I-5449, para 44 Commission v Germany Case 74/91, [1992] ECR I-5437 Commission v Greece Case 240/86, [1988] ECR 1835 Commission v Italy Case 289/94, [1996] ECR I-4405, para 16 Commission v Italy Case 78/00, [2001] ECR I-8195, point 65 Commission v Italy Case 101/84, [1985] ECR 2629 Commission v Luxembourg Case 473-93, [1996] ECR I-3207, para 19 Commission v Luxembourg Case 490/09, [2005] ECR I-9811 Commission v Netherlands Case 359/93, [1995] ECR I-157, para 15 Commission v Portugal Case 20/09, [2011] ECR I-2637 Commission v Spain Case 195/02, [2004] ECR I-7857 Commission v United Kingdom Case C-582/08, (15 July, 2010) Costa v ENELCase 6/64 [1964] ECR 593 Defrenne v Sabena Case 43/75 1976 ECR 455 Germany v Commission T-258/06, [2010] ECR II-02027, para 153 Joined Cases 142/80 and 143/80 Essevi and Salengo [1981] ECR 1413, para 15 Star Fruit Co. v Commission Case 247/87, [1989] ECR 291 Van Duyn v Home Office Case 41/74 [1975] Ch 358 ECJ Van Gend en Loos v Administratie der Belastingen Case 26/62 [1963] ECR 1 Van Gend en Loos v Nederlandse Administratie der Belastingen Case 1953, [1953] ECR 1

Autobiography: three of my childhood memories

In this talk I'm going to discuss three of my childhood memories. These things are very special to me and I've treasured them mentally and physically throughout my life. I'd like to start with a book, this book is called ‘Better days'. The moral of this book is to never give up trying in life, it describes a boy's childhood. The boy is called Tom and he was abused by his family, he was brutally beaten and his parents treated him like filth. But one day he thought that life was about happiness and dreams so he decided to stand up to what he believes in. Unfortunately his wicked parents did not agree and he continued getting beaten. This fragile and disturbed boy wanted to be a teacher, he wanted the opportunity to help children with their education and most of all he wanted to teach children that life is like a drop of rain, you can see it for a moment but eventually it goes. Throughout the story it describes Tom's feelings towards others, he was a kind and considerate person, even to his parents but most of all he never stopped believing in hope.  Like read about memories? Read also  Flashbulb memory! This story stays close to my heart because it shows that anyone can be who they want to be, but the only way to live that dream is to stick with it and never give up. This story is also an inspiration in my life and it has taught me to never give up believing. Now I'm going to describe a song which to me feels really emotional, it is by a rapper called 2 Pac and the song is called ‘Changes'. This song is about life and how life itself copes with changes. When I listen to this song it reminds me of September 11th because I think that tragic day changed the world for ever. It involved war on other countries and it has ruined many people's lives. When I compare the song and that day of September 11th I think to myself that the world is very cruel and the people of the world are very cruel to each other. Didn't God say ‘love each other like I have loved you ?'; well to me I think the world has broken that promise. This song will stay with me throughout my life and it reminds me to be kind to others and to settle things with peace and not war. Finally, this brings me to my last memory and that is an object that has been with me all my life. It would have to be my flannel. You are probably thinking ‘why a flannel'. Well it may not be an expensive object but as long as it is yours it's priceless. When I was born I had this flannel by my side in hospital, it was just something to amuse and comfort me but from that day on I couldn't go anywhere with out it. This small flannel reminds me of my whole life and it symbolizes me as an individual.

Piano Transcription in the 19th century Europe Essay

Piano Transcription in the 19th century Europe - Essay Example One day, when I studied Beethoven's several symphonies in my high school music textbook, I thought that the author made several mistakes in his book. The most prominent mistake he made was the "key" in the symphony. He said Beethoven's 5th symphony (1st mvt) was in key of C minor, which was not exactly same key I played before. At that time, I was very confused with what the author thought and my piano version of Beethoven. However, many scholars/ musicologists have discussed that piano transcription gave a sense of original master works to amateurs, children and female players at their private home since the nineteenth century. Comparing to the previous century, the nineteenth century Europe was the place where piano music developed actively, for examples, music publications including piano transcription/reduction, music lessons, and piano productions. In the late eighteenth century, particularly, piano became more affordable price for middle (working class) so that they could have more opportunities to familiar with masterwork in their home. Following this trend, they also spent money on getting two hands, four hands or two pianos transcription of masters' orchestral, choral and opera to perform. Since they could have know music the upper class members only enjoyed in the eighteenth century through the piano transcriptions/ reduction, scholars have seen only advantages of them. Of course, it seems go od but through my childhood experience, I have a totally different view of piano transcription/reductions. Myself as a professional pianist and musicologist now, I will argue that classical music authenticity (originality) was misrepresented by piano transcriptions whose main consumers were the middle-class in nineteenth century Europe in this thesis. ************************************************************** 2. [HISTORY of 19th century Europe] i.e, who was the member of middle class The industrialization was emerged in the nineteenth century, and it particularly influenced on growth of sheet music. Jon W. Finson says, "Rotary steam presses could print much more music than had presses had, and improved transportation could speed the greater supplies of printed music to a wider audience." Hand written sheet music could not support music consumer in Europe so that rotary stream was a breakthrough to spread out to every corners of Europe. Remember that there were no radios, recording machine or TV in the nineteenth century. The only access to music was going to the concert halls, which require high price tickets. Moreover, only most major cities offered public concerts so that people in small town did not have chance to have musical life. Similar to the past, concert halls in modern life also costs lots of money; however, we do not have any problems to enjoy music in terms of the development of technologies such as radios, musical websites, and TV. Even some concert halls provide people to

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Exploration of a chemotherapy regime used for head and neck cancers and its side effect- mucositis - Essay Example In this regard, chemotherapy is regarded as one of the effective treatments, which is readily accessible for combatting against cancer. It is often viewed to be an anti-cancer drug, which is used to damage cancer cells. This treatment is offered with the objective of minimising the growth as well as the development of cancer cells. Chemotherapy drugs are injected in the veins of a human body that circulates in the blood throughout the body, so that they are able to reach the cancer cells effectively. In relation to the case of head along with neck cancers, chemotherapy treatment would be applicable with the assistance of radiotherapy in a combined manner. The aforementioned combined treatment for cancer is recognised as chemo radiation. Chemotherapy treatment is offered to shrink tumours before surgery. The most common chemotherapy drugs that are offered for combatting against neck and head cancers are Cisplatin and 4 day 5-fluorouracil. ... mucositis. Chemotherapy Regimen in relation to Cisplatin and 4 day 5-Fluorouracil Chemotherapy treatment in relation to Cisplatin and 4 day 5-Fluorouracil (5FU) is offered to patients with head and neck cancer after conducting a blood test. On ascertaining that the result of blood test is normal, the chemotherapy drugs are prepared. The nurses insert catheter or ‘peripherally inserted central catheters’ (PICC) line in a vein nearby the collarbone or in the arms of human body. The patients suffering with head or neck cancer are offered with anti-sickness drugs through the line before the infusion of Cisplatin and 5FU (Macmillan Cancer Support, 2012). The chemotherapy treatments are offered for mitigating cancer in different ways. There are certain procedures or plans on the basis of which treatments are offered to cancer patients in an effective manner so that damaged cells are restricted to grow uncontrollably. Additionally, following a particular regimen will eventually facilitate in combatting against the significant concern of cancer. In this regard, one of the most appropriate chemotherapy regimens for the treatment of head and neck cancers is to the follow a mentioned schedule. In this context, in the first day of the chemotherapy treatment, a patient having neck and head cancer is provided with Cisplatin infusion combined with pre and post hydration. After the infusion of Cisplatin, the patient is then infused with 5FU. The 5FU infusion has an effect for four days. The patients having central or PICC line are allowed to leave for home with a portable pump after the infusion of Cisplatin and 5FU. Contextually, the patients with the attached portable pump should return to the medical centre and with the assistance of a nurse, are required to get the pump

Vaclav Havel and Image of Moral Leadership Essay

Vaclav Havel and Image of Moral Leadership - Essay Example Vaclav Havel an Image of Moral Leadership What one person or culture regards as immoral could be moral in a different setting. The subject of morality has received a lot of attention over a long period of time. Theologians and philosophers alike have been at work explain the determinants of morality in man. Vaclav Havel will be the main focus of this essay as we seek to establish the fundamentals of moral leadership. Description Vaclav Havel, may he rest in peace, was born in 1936 in Prague. He came from a prominent entrepreneurial family who owned an entertainment company and numerous housing complexes. Havel was a celebrated playwright in Czechoslovakia, way before the country became the Czech Republic. He became a prominent writer in the 1960s, with a majority of his works focusing on absurd political regime of the time. His articles focused on the rampant violations of human rights in Czechoslovakia. He openly criticized the authoritarian rule of the time which included such acts as censorship and human rights infringeme nt. In addition to being a playwright, Havel was also a nonconformist to the authoritarian rule, which he explicitly defied. He was a man of great courage amidst all the terror, violence and human rights abuses of the 20th century, in his country and beyond. His involvement in politics came in 1989 after the fall of the communist system, when he became the informal leader of government opposition. Havel’s concern for morality in the way Czechoslovakia was governed ultimately led his election as the president Czechoslovakia in 1990. Following the split of Czechoslovakia into Slovakia and the Czech Republic, Havel became the first president-elect of the Czech Republic. By the time Havel left office in 2003, he had made an everlasting mark on true democracy. Throughout his theatre and dissidence life and reign as president, Havel exhibited exemplary moral leadership qualities that earned him international recognition. Analysis Even before joining politics, Havel was a strong adv ocate for fair treatment of the people of Czechoslovakia. During his days as a playwright, he wrote articles and one time wrote a letter addressed to a top government official, to relent on the contravention of human rights. As a dissident he, in collaboration with others such as Jan Patocka founded Charter 77, a human rights movement. Seeing the way the powerful subjugated the ordinary citizens made Havel write one of his greatest works â€Å"the Power of the Powerless†. Here, he was telling the leaders of the time that the people had power to dislodge them from office, without resorting to violence. He claimed that Czechoslovakia had become a country governed by morally bankrupt people out to subjugate the citizens. He urged the citizens to do what is morally right; instead of turning violent against the regime, they should continue with their activities like nothing was wrong. Knowing very well that Czechoslovakians were â€Å"living within a lie†, he did not advise them to use violence against the oppressive regime. Havel saw violence as an unethical resolve that would only rationalize the tyrannical government’s actions. For example, any foreigner in Czechoslovakia was required by law to register with the police on where they were living. The enforcement of this law however, was not easy for the authorities. The law was finally repealed after Czechoslovakians refused to abide by the ridiculous law, and would not register their guests. This was the power of the powerless that Havel

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Psychological influences learning Problem - Essay Example 3.1 Impress upon the participants the fact that a non-smoker or someone who has successfully quit is enviable from perspective of being stably in better physical condition as well as possessing a stronger will power and being free from the dependence over nicotine. 3.2 A rounding up of the motivational segment of the program with a reference to the costliness of the habit highlighting the amount of money that a non-smoker saves over a smoker simply by not being one. 4.2 No restrictions on the number of smokes but participants have to wrap up their cigarette packs with a white sheet of paper on which they shall write down the time of the smoke and degree of enjoyment they have of it, each time they light up. It is imperative that the pack is wrapped up after the smoke and the participants carry pencils with them to ensure they don’t fail this. 5.1 From hereon the participants shall be restricted from smoking at least within 15 minutes following consumption of any food or drink barring water. Everyday they will be made to read out the posters and each session will begin and end with the participants swearing they will quit on the set date. 5.2 Participants will be asked to read out from their respective wrappers. They will be made to note how the degree of enjoyment varies from very high to very low for different smokes during the day implying some of these can be readily stopped. 6.2 The participants will be asked to refute the urge for 10 minutes and during this time they shall be told to take a look at the jar of stubs and smell its scent. The jar is to be looked upon as one containing very harmful worms. 9.1 Participants are told to have one last final smoke at their chosen time of the day and to commit to themselves to it being the last smoke of their lives. Point out quitting will not be a problem but prepare participants for the withdrawal stage 9.2 participants are to start saving each dollar that was to be spent

Do human beings need illusions or fictions in order to live life Term Paper

Do human beings need illusions or fictions in order to live life meaningfully Why or why not Discuss by drawing on the work of two philosophers we have discussed this to defend your claim - Term Paper Example With this, it can be claimed that meaningfulness is often defined in relation to an ideal figure or state. While this may not necessarily imply that the ways to a meaningful life should be similar to all people, it highlights the fact that its primary characteristics should be. Thus, more often than not, we use certain standards to evaluate a person’s life. In our evaluation, however, we do not consider the four facets equally. Typically, we rank the facets this way, from most important to least important: spiritual, personal, social, and professional. Thus, it is our idea of morality that usually influences our judgment of a meaningful life. Simply put, to live a meaningful life is to live a moral life. Morality, loosely defined, is the practice of good habits, freely and knowingly. Indeed, for a person to be moral, not only must he know the conceptual differences between good and evil, he must also wholeheartedly do good acts. Through this example, we can see the interrelated roles of knowledge and freedom in the formation of good character in a person. With this, it is the formation of good character that is regarded to be the concrete manifestation of a meaningful life. It is in the acquisition of virtues, which is a result of having done wise decisions in life, that makes a person truly happy. While we all agree that it is natural for us to choose to do the good, understanding why and how we do so is hard. Thus, it is in the intention we possess and the quality of good acts we do that ultimately define our character. And this is where the big issue starts. In this essay, we aim to shed light on the nature of a meaningful life (in the context of moral life) by looking at theistic and existentialistic positions. As for the existentialistic positions, we examine the teachings of Sartre and Kierkegaard. In the end, we intend to prove that morality can be accessed and practiced