Preliminary Reference Procedure in Ensuring Uniformity and Consistent Essay

Preliminary Reference Procedure in Ensuring Uniformity and Consistent Development of European Union Law - Essay Example This paper stresses that the European Union preliminary ruling procedure places substantial vested interest in the national courts; it is the national courts, after-all, who are the first guarantors of Union law. One notes that the all-consuming nature of this ruling is parallel to the United States Supreme Court interpretive mechanism of law, wherein this judicial body represents the ultimate view on the subject matter. Indeed, the very name preliminary ruling procedure is slightly misleading as it seemingly indicates the origination of the interpretive process when in reality it is the endpoint of law. this essay has contained a discussion of the procedural nature of the ECJ's interaction. However, it should not be forgotten that the preliminary reference procedure is instrumental in allowing the ECJ to lay down new substantive legal principles. One need look no further for an example than the case of Van Gend. This was the first case in which the doctrine of direct effect was articulated. Today it has come to represent a seminal ruling in terms of preliminary procedure for its exploration of the limits and potential expansive nature of the process itself. At the time only Treaties were held to be directly effective, subsequently however, the principle has expanded and can now, stated generally, include virtually any form of EU legislation, so long as these are unequivocally articulated, not dependent on outside understanding, and grant a unique right to the claimant. Van Gend, as described above was a case brought to the ECJ under the preliminary reference procedure on a question of the interpretation of Article 30 TFEU. ... icle 110 TFEU occasioned the ECJs shift to primacy over national courts 5 Article 30 TFEU and the Preliminary Reference Procedure – the development of EU precedent 7 Preliminary Reference Procedure and the substantive development of the law 9 Conclusion 9 Bibliography 10 Introduction European Union preliminary reference procedure functions as the predominant interpretive mechanism in Union Law. Indeed, the preliminary reference procedure has been referred to as the ‘jewel in the Crown of the ECJ’s jurisdiction’ for this central position to the development of Union law (Barnard 2010, p109). It is a procedure that provides a vital contact point between the jurisdiction of the ECJ and the national courts, allowing legal issues relating legal issues that are correlated with the interpretation of Treaties to be mitigated throughout the European Union (Blackstone 2011). This preliminary ruling procedure is a unique element of the European Union legal structure. W hile interpretive and appellate processes are regularly aspects of most Western legal system, the European Union preliminary ruling procedure places substantial vested interest in the national courts; it is the national courts, after-all, who are the first guarantors of Union law. One notes that the all-consuming nature of this ruling is parallel to the United States Supreme Court interpretive mechanism of law, wherein this judicial body represents the ultimate view on the subject matter. Indeed, the very name preliminary ruling procedure is slightly misleading as it seemingly indicates the origination of the interpretive process when in reality it is the endpoint of law. This process emerged with the formulation of the European Union judicial system and is specifically described in the Treaty on the

Life and Career Planning Essay Example | Topics and Well Written Essays - 750 words

Life and Career Planning - Essay Example It is a quite tough job which cannot be performed by everyone. The funeral home director requires massive satisfaction in their own aptitude and capabilities so as to offer well-organized and apt services in order to relieve the mournful family members, associates and friends (Bureau of Labor Statistics, â€Å"Funeral Directors†). In the research paper, varied functions and responsibilities of a funeral director or an embalmer will be discussed. Moreover, it also includes the assorted decisions and practices which are to be performed, being a funeral home director. Apart from this, it also highlights the stoutness which is mandatory for an individual hoping to become a funeral home director/embalmer. Funeral custom is one of the painful acts in an individual’s life. It is a ritual marking a person’s demise. Funeral custom varies widely. The job of funeral practice involves a lot of responsibilities and capabilities. The job of a funeral director involves enormous satisfaction in their ability to provide well-organized, appropriate services and to console grieving family members and friends. A funeral director is also known as the mortician or undertaker. The funeral home director is an expert concerned in the business of funeral rites. After being a mortician, funeral home directors perform these services for the family of the departed. These tasks include the cremation of the dead as well as the preparation and display of the actual funeral ritual. The funeral directors can handle the practices of the funeral only after specialized training and instructions. One of the important responsibilities of a funeral director is to reassure and counsel the family members u ndergoing this pain. Moreover, the embalmers also handle the operation of cleaning and protecting the remains and often restructure the damaged remains for the purpose of screening. Thus, it can be

Training And Development Manual For Happy Wine Miami Term Paper

Training And Development Manual For Happy Wine Miami - Term Paper Example In this similar concern, this particular research study entails training needs assessment of Happy Wine. Training needs assessment will be based on the assessment of management skills and its effectiveness. Especially mentioning, this frames an important part of any organization as it encompasses various critical activities with regard to training as well as development function. In order to plan, prepare and implement advanced and effective strategies with regard to training needs assessment related to management skill program for Happy Wine, the company’s constraints are to be considered initially (Happy Wine, 2013). Overview of Training and Development of Happy Wine Miami Happy Wine Miami represents the US-based wine company. In this regard, it can be stated that the company follows the norms and the standards that have been fixed by the US government in association with wine industries. Therefore, constraints, as well as challenges faced by such wine industries, are almost same being situated within the similar country. The vision statement of Happy Wine reflects about its extension of wine shops worldwide. It further inculcates accessible as well as knowledgeable inclusions that further help the company to achieve success within national as well as international context. Wine industry represents the highly extensive market as it involves higher capital. This acts as a hurdle or a barrier for the entrance of such industries within the prevailing market scenario. Furthermore, wine industries incorporate the aspect of product differentiation which acts as an effectual marketing strategy for industries. Thereupon, Happy Wine also enjoys a variety of wines from all over the world. The strategy concerning product differentiation supports the company in terms of adopting various valuable decisions and executing effectual plans to foster growth and development in this competitive landscape. Furthermore, it can be apparently observed that in recent years, wi ne consumption has accelerated to its height. Wine is being consumed by the younger group that has given it a new height and growth. This further has given rise to numerous issues and challenges that wine industries are fronting in recent market scenario (Wall Street Journal, 2013). In relation to the training needs assessment with regard to management skill, it is necessary to analyze the breach between the present scenario and the need for training and expansion program to fill in the gap.  

Ethical Dilemma Research Paper Example | Topics and Well Written Essays - 750 words

Ethical Dilemma - Research Paper Example It is done to enhance breathing especially in patients who are intubated for a long period. The Code of Ethics for Nurses was produced as a guide for performing nursing responsibilities in a way steady with excellence in nursing care as well as the ethical requirements of the profession. The four main principles are autonomy, beneficence, nonmaleficence and justice (Seifert, 2008). Autonomy principle states that every person must be given the time, respect, and opportunity essential to make her/his own decisions. The nurse should understand that patients have the right to make decisions basing on their beliefs as well as value systems. Patient’s choice and decisions should not be limited by a nurse. All patients should be given informed consent even as they make their decisions. This is a fair, equal as well as appropriate treatment to a person. Every patient has a right to health care. Thus, each patient should be treated equally regardless of ethnicity, socioeconomic status, race or gender (Seifert, 2008). This is a principle that means ‘do no harm’. It relates to nurses obligation to help the patient and not inflict any harm. The nurse should prevent as well as remove the harm from the patient. Furthermore, the nurse should do good to the patient. This principle is applicable where the bad effect must not be the means of the good effect, and the good effect must prevail over the evil that is allowed. The first code is that â€Å"the nurse in practices and relationships should act with compassion as well as respect for the innate work, dignity, and uniqueness of all individuals unlimited by considerations of economic or social status, personal attributes or the kind of health issue†. The nurse in this case should act with compassion empathize with the patients mother and respect her uniqueness. The second code is that â€Å"the nurse’s basic commitment is to the patient, who can be an individual, group, family or community. The nurse

The Art of English Assignment Example | Topics and Well Written Essays - 2500 words - 1

The Art of English - Assignment Example The current of the moths flying strongly this way. A lamp and a flower pot in the centre. The flower can always be changing. But there must be more unity between each scene than I can find at present. Autobiography it might be called. How am I going to make one lap or act, between the coming of the moths, more intense than another; if there are only scenes? One must get the sense that this is the beginning; this is the middle; that the climax – when she opens the window and the moth comes in. I shall have two different currents – the moths flying along; the flowers upright in the centre; a perpetual crumbling and renewing of the plant, In its leaves she might see things happen. But who is she? ... Virginia Woolf After reading passages such as this where the only human is simply described as ‘She’ and does nothing more than open a window, one can agree with Kronenburg ( as quoted by Liukkonen 2008) who claimed that Woolf was not concerned about her human cha racters but rather, ‘the poetic symbols, of life--the changing seasons, day and night, bread and wine, fire and cold, time and space, birth and death and change.’ This is a description of a purely internal process – no one watching would be able to guess what was going on unless they read over her shoulder. And even then they might ask ‘What’s she going on about?’ This lack of physical action has an effect upon the minds of readers – they are more used to stories with a beginning, a middle and an end – stories about people’s actions, achievements or disappointments, but Woolf seems much more concerned with the mind’s inner workings – thoughts, sensations, emotions, and often people find this harder to deal with. This would be especially so if they aren’t themselves as introspective, aren’t so concerned with why one acts in a certain way as in the action itself. She intends to write a novel yet s ays ‘ I am not writing a story’ – how can a novel not be a story? Virginia Woolf has had two books of her diaries published. This selection comes from ‘A Writer’s Diary’ and was edited by her husband Leonard. She was born Adeline Virginia Stephen in 1882, so was 47 at the time of this entry. The other work considered is by a soldier and prisoner of war. Both writers are Londoners, but John Mansel on the other hand was 32 when he wrote so they are almost, but not quite, of the same generation and background. John Mansel (1909- 1974) trained as an architect , but joined the Territorial Army in 1935. His diaries cover the period of his interment in Germany as a prisoner-of-war during the 2nd World War. There were huge differences between their lives – not least that Woolf was permanently scarred by childhood sexual interference. Both came from financially secure backgrounds.- Mansel senior was a stockbroker. He had attended both school and university and had professional qualifications - Virginia Woolf had never been to any kind of school. Mansel’s diary only covered the war years, whereas Woolf was a full time professional writer whose works, although not the easiest to read, were read widely. Mansel’s writing was presumably meant of only private consumption, at least in the first instance, although he is careful not to mention names, probably in case of causing offence. It was not published until a few years after his death. They each use the diary form in different ways. Woolf seems to be using it as preliminary

Business law Essay Example | Topics and Well Written Essays - 500 words - 18

Business law - Essay Example The courts might have used the written law to make their judgments. Andersen was found guilty of obstruction of justice for destroying of potential evidence by shredding their documents which could have been used by Securities and Exchange Commission (SEC), the agency of the US Government With the primary responsibility for regulation of securities markets. Under US GAAP, the only acceptable method of financial reporting is consolidation of controlled entities .non consolidation can only occur under specific conditions Outside USA; consolidated financial reporting is called group accounting and is required when one entity owns more than half of the other entity and can dictate its operations. Consolidating financial reporting is complex and requires financial statements to be combined and reported as a single financial report. Enron failed to comply with this ethic Enron major crime was misrepresentation and misleading the general public about their financial position. Enron did not disclose its real financial figures. The major requirement in US financial reporting is disclosure of information. The disclosure requirement is based on the premise that markets are efficient. Enron traded on future contracts called derivatives because they derived their value from underlying assets. The market of the contracts reduces the volatility of prices by fixing a price at a future date. Example assume Enron have two option contracts matching the same amount of a commodity over the same period of time. One contract was to purchase the commodity while other contract was to sell the commodity. Enron looked on to the future on the assumption that contracts were exercised and there were net results. After evaluating all cost, the net income (loss) was estimated. The net income (loss) was discounted to its present value and recorded as loss. Earnings reported under the market to market were easy to manipulate because active markets for contracts dating

Should higher education be free Research Paper Example | Topics and Well Written Essays - 500 words

Should higher education be free - Research Paper Example It is not right from an ethical perspective to retrieve the money from the general taxpayers for the higher education of all students irrespective of their ability to afford. â€Å"In a period when the state cannot afford to keep police on the streets, the NHS functioning, and our armed forces properly equipped, it is right and proper that undergraduates should be asked to pay for some of the costs of their higher education to ensure that government money is spent fairly† (Holden). Considering the benefits students gain from the degree, it is ethically justified to make the students bear the cost of education. The extent to which students should be required to bear the cost of education is debatable, yet it is very dutiful of the students to give their input for something they would get output from in the future. There are numerous challenges that surface if the students are required to bear the cost of their higher education. There are a lot of students who are quite capable in the studies, but cannot afford any cost of education. For such students, the access to higher education should be based on the students’ tendency to achieve rather than their tendency to pay because â€Å"[i]t is the poor and middle class who are unable to afford the very thing that enables their children to seek a better life† (Peters). Government should provide the funds to the colleges but only for the education of the students who are capable but not in the position to afford the expenses. Supporters of the free higher education consider it the only fair means of advancing the academic career of the individuals since free education opens the gates to high education for all. However, if the higher education is made free for the capable yet poor students and not for the rest, the objective of making the higher education attainable for all is achieved. â€Å"From each according to his ability, to each