logo

European Union Law- Assignment

   

Added on  2021-05-27

7 Pages1713 Words19 Views
Running head: EUROPEAN UNION LAWEuropean Union LawName of the StudentName of the UniversityAuthor Note
European Union Law- Assignment_1
1EUROPEAN UNION LAWQ1a) Section 3 of the Human Rights Act (HRA) upholds the concept of parliamentarysovereignty. This section gives wide discretion to the courts to implement the provisions of theHRA and give a wide scope to the statutory language .The statutory language of the legislationshall be read in such a way so to be compliant with the principles of the ECHR. The Conventionrights uphold the basic tenets of human rights and therefore the subordinate and primarylegislations must comply with those rights. Section 3 of the HRA shall not invalidate theenforcement of any incompatible legislation. Section 4 of the HRA says that whenever a statuteis not complying with the provisions of the European Commission of Human Rights, the Courthas the power to declare that provision incompatible . The Parliament cannot be coerced tochange the laws because there might be reasonable reasons for putting limitations on the rights,the Parliament shall always exercised its authority to correct the concerned laws .The Courtshave the power to check if the legislations are compatible with the Convention rights. In caseswhen the provisions are not complying with the convention rights, the Courts have the right todeclare the laws incompatible. The Courts which have the power are Supreme Court, JudicialCommittee of the Privy Council and the Court Martial Appeal Court.1b) The principle of direct effect says that a person can enforce their rights and obligations inthe national courts. This gives the individuals a power to bring an action in the United KingdomCourt against them basing the allegation on the principles of EU Law .A person can file a suit onthe basis of UK law rather than national law. The reason behind this is that it sometimes happensthat a person is denied rights that he is entitled to and the UK law is in breach of TFEUregulations. The UK Government might have lagged behind in implementing an EU doctrine orcould have taken some time or worse case, could have erred in their decision making. In suchcases a person can rely on the EU laws instead of national laws and by doing that the person will
European Union Law- Assignment_2
2EUROPEAN UNION LAWhave a better chance of getting remedy. The remedy will be granted in light of the intention thatthe EU intended to apply in UK. Applying the direct effect principle has a limitation onindividual who are dealing with private bodies. This is unfair to private sector employees. Q2a) Issue: 1. whether Sophia is responsible for food poisoning of the customer at Happy Piggyand whether Sophia is liable to pay compensation? 2. Has Sophia committed theft? Rule: The law of theft according to Theft Act 1969 shall apply wherein it is defined that a personshall be guilt of theft if he dishonestly or with an intention to misappropriate the propertybelonging to another person takes it from his possession and deprives him of the property.Application: In this case, Sophia did not have an intention to deprive hence she is not liable fortheft. Sophia has not followed proper hygiene and safety guidelines and the customer has suffered foodpoisoning. Sophia should have taken enough precaution to maintain a safe and hygienicrestaurant.Conclusion: Sophia has not committed theft and the onus is Sophia to prove that she is notresponsible for the customer’s health. Q2b) Claims for less than £25,000 can be initiated in the county court. First appeals are heard bythe next judge who shall be in the order of hierarchy. County courts can hear matters related tocivil matters and they do not have jurisdiction over criminal matters. They do not hear criminalproceedings. County Courts deal with tort cases-where the claimant can prove negligence orbring cases against the defendant claiming that he has breached his duty of care. In hierarchy, the
European Union Law- Assignment_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Competing Norms And Foreign Policy Change
|12
|3204
|32

The Law Assignment and Economics Assignment
|17
|3546
|36

Evaluation of the Methods to Measure the Effectiveness of EU Law
|9
|1812
|265

Business Law (Justice system) : Assignment
|11
|3603
|63

Business Law Tasks 2022
|13
|3576
|26

Individual Rights to Privacy in UK
|8
|2255
|231