Test Satisfactory - Free Essay Example

Sample details Pages: 7 Words: 2123 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? The aim of this essay is to examine if the Keck[1] test is unsatisfactory, too rigid and places too much emphasis on law and fact, rather than market access[2] and consider that there are no clear outer boundaries to the Article. Article 34 of The Treaty on The Functioning of The European Union (TFEU) prohibits Members States (MS) from discriminating against imported goods by favouring domestic products, unless the MS can establish a justifiable cause[3]. The case of Dassonville[4] established the courts need to look into issue of national legislation that would constitute a measure equivalent to quantitative restrictions (MEQR). Don’t waste time! Our writers will create an original "Test Satisfactory" essay for you Create order It was held that Article 34 would have a broad definition that measures which were à ¢Ã¢â€š ¬Ã…“capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as [MEQRs]à ¢Ã¢â€š ¬Ã‚ [5]. The issue that arose from the ruling was that the formula, theoretically established that all national measures from other MSs could be caught under Article 34. The issue that arose from the case of Dassonville, was whether the formula should catch all national measure even those close to restricting trade or should there be test that would allow a MS to escape the formula? It was the case of Keck that formulated the test that allowed MSs to escape the Dassonville formula; it was created to change the structure of free movement of goods and the scope of Article 34. Keck is used to determine whether MS legislation directly, indirectly, actually or potentially hinders trade within the Dassonville formula. The Keck test for defining if a measure is non-discriminatory is whether the measure has equivalent effect and in turn has to be justified. Keck has two rules, the first rule deals with product-bound measures, which imposes additional requirements on the product. These requirements are seen to restrict trade and fall within the scope of article 34. The second rule deals with selling arrangements, these are rules that regulate when[6], where and by whom goods may be sold[7], advertising restrictions[8] and price controls[9]. There rules by their nature do not impede the market access of imported products more than they prevent the market access of domestic products, provided that they apply to all relevant traders within the national territory and apply equally in law and fact to domestic and imported products, if they meet these criteria they fall outside the scope of Article 34. The issue that Keck had was with dealing with measures of intra-community trade that were too uncertain or indirect to warrant the use of Artic le 34. HÃÆ' ¼nermund[10] showed how far the European Court of Justice (ECJ), were willing to stretch the scope of the term à ¢Ã¢â€š ¬Ã‹Å"selling arrangementà ¢Ã¢â€š ¬Ã¢â€ž ¢ outlined in Keck. The ECJ referred to Keck and the conditions that had to be satisfied before the German rule of prohibiting pharmacists from advertising pharmaceutical products outside their pharmacy, fell outside the scope of Article 34. In this case the conditions were satisfied and the German rule was found to be compatible with EU law. In Leclerc-Siplec, the ECJ ruled that a French ban advertising certain products on television was a selling arrangement. The ECJ concluded that the rules in question were not within the scope of Article 34. Though EU case law has shown that selling arrangements do not necessarily fall within one set of rules, à ¢Ã¢â€š ¬Ã‹Å"the form of advertising is a significant factor in determining whether the Cassis[11] or Keckà ¢Ã¢â€š ¬Ã‚ ¦ rule applies.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [1 2] The Mars[13] dealt with German unfair competition law. The ECJ held that the German rules related to presentation, labelling and packing of goods that lawfully had been manufactured and marketed in another MS. Under Cassis, these rules are within the scope Article 34 and can only be justified under mandatory requirements, in this instance no justifications were found, and the rules were said to be restricting trade between MSs and against EU law. Familiapress[14] demonstrates the importance of the form of advertising. Austrian legislation prohibited the sale of newspapers that contained games or competitions for prizes. The ECJ disagreed even though the method was used for sales promotion; the ECJ was concerned with the actual content of the product in the case, because the competitions formed an important aspect of the magazine. By making this distinction, the ECJ established that the Austrian legislation did not fall within Keck definition of selling arrangements. It was est ablished that the national legislations compatibility with EU law would have to be determined under the Cassis rule. The ECJ left the national court to decide if the restriction was proportionate. Greaves stated that à ¢Ã¢â€š ¬Ã‹Å"Where the method of advertising is an intrinsic part of the product itself, as in Mars, then the Cassis rule applies. Where the form is external to the product, the Keckà ¢Ã¢â€š ¬Ã‚ ¦ rule applies.à ¢Ã¢â€š ¬Ã¢â€ž ¢[15] Familiapress shows a distinction between Mars and the application of Keck, regarding the rules of product characteristics and selling arrangements. After Keck, extrinsic advertising constituted a selling arrangement falling outside the scope of Article 34, while intrinsic advertising, which relates to the product requirement, would only be restricted by a MS if it can be justified under the Keck requirements. Weatherill and Chalmers both argued that the ECJ has misinterpreted the purpose of Article 34, instead of focusing on the fre e movement of goods and the creation of an internal market, the Court focused on discrimination imposed by national legislation. Chalmers states that à ¢Ã¢â€š ¬Ã‹Å"Cassisà ¢Ã¢â€š ¬Ã‚ ¦ [was] the main judicial instrument for achieving legal interpenetration of Member State markets. Following Keck, the Cassisà ¢Ã¢â€š ¬Ã‚ ¦principle now has only a limited integrative function.à ¢Ã¢â€š ¬Ã¢â€ž ¢[16], the issue here is that Keck has disrupted the development of an internal market and in turn Keck has established a narrower market based on equality in law and fact. Advocate General Jacobs found the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach in Keck unsatisfactory for two reasons[17], the first being that à ¢Ã¢â€š ¬Ã‹Å"the severity of the restriction imposed by different rules is merely one of degreeà ¢Ã¢â€š ¬Ã¢â€ž ¢[18], Jacobs illustrates that a type of restriction is as serve as an outright ban on importation and marketing, Jacobs places emphasis on when dealing with the restrictions to advertising, that also have an important role in building an internal market, à ¢Ã¢â€š ¬Ã‹Å"In short, advertising injects greater fluidity and mobility into the economy and enhances competitiveness. A ban on advertising tends to crystallize existing patterns of consumption, to ossify markets and to preserve the status quo.à ¢Ã¢â€š ¬Ã¢â€ž ¢[19] The second reason that Jacobs find Keck unsatisfactory is Keck criteria that focuses on a discrimination test, the problem with a discrimination based test is that it leads to a fragmented internal market, because producers and traders must adapt to restrictions on selling arrangement depending on which MS they market their products in, the restrictions should not be based on local conditions but against the entire Union. Two tests where put up forward, the first being de mininmus, which has been established to be unsatisfactory in this area because it focuses on principles far too complex for the courts to evaluate compared to Kecks rule based formula. The more plausible test would be à ¢Ã¢â€š ¬Ã‹Å"An approach based on the access to the market provides is with aà ¢Ã¢â€š ¬Ã‚ ¦framework for analysing the goodsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[20] which was acknowledged by Jacobs and Weatherill, regarding Keck, Article 34 and market access. Case law prior to Keck showed the difficulties in defining the outer boundaries of Article 34, in turn Keck was criticised for being overly formalistic because it drew a distinction between rules relating to product characteristics and selling arrangement. The focus on market access, Jacobs argued that were measures affected the goods directly, as in a Cassis type case, then it will be presumed to have a substantial impact. If the measure affected a selling arrangement and was not discriminatory, the severity of the impact would be based on other factors, such as the nature of the restriction, if the impact was direct or indirect and the extent of other available selling arran gements. Keck would remain establishing that selling arrangements are outside the scope of Article 34, but could be caught either by the classification concerned with product characteristic or because they have a different application in law or fact. The market access test has been further refined, by Wheatherill to à ¢Ã¢â€š ¬Ã‹Å"apply equally in law and in fact to all goodsà ¢Ã¢â€š ¬Ã¢â€ž ¢[21] though the market access test was not used initially compared to cases regarding free movement of services and workers, it has been slowly adopted by later cases[22], it has been shown that the ability of goods to access the market of a state is a core feature of the Keck test, the distinction under this test, is that Keck will be fulfilled provided that state legislation does not restriction a products access to the market. Wheatherill has shown that there is an outer boundary and to maintain this element, national rules must not threaten the growth of the internal market. To an extent the Keck test has been seen as unsatisfactory for being overly formalistic between the distinction between product rules and selling arrangements, but what has been seen through case law is a development and understanding of what selling arrangements are, the development of an outer boundary to Article 34 and the Court recognition and application of a market access approach. I 1052518 declare that this piece of work contains [actual number] words Bibliography Catherine Barnard à ¢Ã¢â€š ¬Ã‹Å"Fitting the remaining pieces into the goods and persons jigsaw?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2001) 26 European Law Review 35 Damian Chalmers à ¢Ã¢â€š ¬Ã‹Å"Repackaging the internal market the ramifications of the Keck judgmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1994) 19 European Law Review Rosa Greaves à ¢Ã¢â€š ¬Ã‹Å"Advertising restrictions and the free movement of goods and servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 23 European Law Review 4 Stephen Weatherill, After Keck: Some thoughts on how to clarify the clarification (1996) 33 Common Market Law Review Case law Belgapom v ITM Belgium (Case C-63/94) [1995] ECR 2467 Commission v. Greece (processed milk) (Case C-391/92) [1995] ECR I-1621 Criminal Proceedings against Keck and Mithouard (Cases C-267 and 268/91) [1991] ECR I-6097 HÃÆ' ¼nermund and Others v Landesapothekerkammer Baden-WÃÆ' ¼rttemberg (Case C-292/92)[1993] ECR I-678 Konsumentombudsmannen (KO) v De Agostini (Svenska) FÃÆ' ¶rlag AB and TV-Shop i Sverige AB (C- 34/95 to C-36/95) [1997] ECR I-3843 Konsumentombudsmannen v. Gourmet International Products AB (C-405/98) [2001] ECR I-1795 Procureur du Roi v. Dasonville (Case 8/74) [1974] ECR 837 Punto Casa SpA v Sindaco del Commune di Capenas (Cases C-69/93 and C-258/93) [1994] ECR I-2355 Rewe-Zentral AG v Bundesmonopolverwaltung fÃÆ' ¼r Branntwein (Case 120/78) [1979] ECR 649 Schutzverband gegen unlauteren Wettbewerb v. TK-Heimdienst Sass GmbH (Case C-254/98) [2000] ECR I-151 SociÃÆ'  ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 Tankstation  ´t Heustke vof J. B. E. Boermans (Cases C-401/92 and C-402/92) [1994] ECR I-2199 Vereinigete Familiapress Zeitungsverlags- und Vertriebs GmbH v. Heinrich Bauer Verlag (Case C- 368/95) [1997] ECR I-3689 Verein gegen Unwesen in Handel und Gewerbe Koln eV v. Mars GmbH (Case C-470/93) [1995] ECR I-1923 EU Legislation Consolidated Treaty on the Functioning on the European Union (TFEU) https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF [1] Criminal Proceedings against Keck and Mithouard (Cases C-267 and 268/91) [1991] ECR I-6097 [2] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 [3] Arts. 28-30 Treaty Establishing the European Economic Community 1957 (EEC) (now Arts. 34 and 36 Treaty on the Functioning of the European Union (TFEU)). [4] Procureur du Roi v. Dasonville (Case 8/74) [1974] ECR 837 [5] Procureur du Roi v. Dasonville (Case 8/74) [1974] ECR 837, para 5 [6] Punto Casa (Cases C-69/93 and C-258/93) [1994] ECR I-2355; Tankstation (Cases C-401/92 and C-402/92) [1994] ECR I-2199 [7] Commission v. Greece (processed milk) (Case C-391/92) [1995] ECR I-1621 [8] HÃÆ' ¼nermund (Case C-292/92) [1993] ECR I-6787; SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 [9] Belgapom (Case C-63/94) [1995] ECR 2467 [10] HÃÆ' ¼nermund and Others (Case C-292/92)[1993] ECR I-678 [11] Rewe-Zentral AG v Bundesmonopolverwaltung fÃÆ' ¼r Branntwein (Case 120/78) [1979] ECR 649 [12] Rosa Greaves à ¢Ã¢â€š ¬Ã‹Å"Advertising restrictions and the free movement of goods and servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 23 European Law Review 310. [13] Verein gegen Unwesen in Handel und Gewerbe Koln eV v. Mars GmbH (Case C-470/93) [1995] ECR I-1923 [14] Vereinigete Familiapress Zeitungsverlags- und Vertriebs GmbH v. Heinrich Bauer Verlag (Case C- 368/95) [1997] ECR I-3689 [15] Rosa Greaves à ¢Ã¢â€š ¬Ã‹Å"Advertising restrictions and the free movement of goods and servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 23 European Law Review 310. [16] Damian Chalmers à ¢Ã¢â€š ¬Ã‹Å"Repackaging the internal market the ramifications of the Keck judgmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1994) 19 European Law Review 392. [17] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C -412/93) [1995] ECR I-179 para 38 and 39. [18] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 para 38 [19] SociÃÆ' ©te d ´Importation Edouard Leclerc-Siplec v. TFI PublicitÃÆ' © M6 PublicÃÆ' ©te (Case C-412/93) [1995] ECR I-179 para 20 https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61993CC0412:EN:HTML [20] Catherine Barnard à ¢Ã¢â€š ¬Ã‹Å"Fitting the remaining pieces into the goods and persons jigsaw?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2001) 26 European Law Review 52. [21] Stephen Weatherill, à ¢Ã¢â€š ¬Ã‹Å"After Keck: Some thoughts on how to clarify the clarificationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1996) 33 Common Market Law Review 896 [22] De Augostini and TV-Shop (C- 34/95 to C-36/95) [1997] ECR I-3843, Konsumentombudsmannen v. Gourmet International Products AB (C-405/98) [2001] ECR I-1795, Schutzverband gegen unlauteren Wettbewerb v. TK-Heimdienst Sass GmbH (Case C-254/98) [2000] ECR I-151

Essay on Fair Credit Reporting Act and Personal Finance

Syllabus College of Humanities FP/120 Version 3 Essentials of Personal Finance Copyright  © 2012, 2011, 2009 by University of Phoenix. All rights reserved. Course Description This course provides an overview of the elements necessary for effective personal financial planning and the opportunity to apply the techniques and strategies essential to this understanding. Primary areas of study include creating and managing a personal budget, understanding and paying taxes, working with financial institutions, wise use of credit cards and consumer loans, financing automobiles and homes, and the use of insurance for protecting one’s family and property. Policies Faculty and students/learners will be held responsible for†¦show more content†¦Participation Participate in class discussion. Post at least two substantive posts on four separate days of the week 2 Discussion Questions Respond to weekly discussion questions. Reply to at least three DQs for the week 2 Nongraded Activities and Preparation Annual Credit Report Go to www.annualcreditreport.com, a site authorized by the Federal Trade Commission to provide free consumer credit reports. Explore the Frequently Asked Questions section to learn about credit reporting, credit improvement, information correction, identity theft, and other topics. Learning Team Learning Team Charter Create the Learning Team Charter. Day 5 2 Individual Current Economic State Write a 350- to 700-word paper in which you research the current state of the economy. Include answers the following: †¢ Is the current economy expanding or contracting? Why? †¢ What is the current prime rate? †¢ What are the current interest rates on credit cards? †¢ What is the current unemployment rate? †¢ What is the current inflation rate? †¢ What is the current Gross Domestic Product (GDP)? Illustrate your answers with specific examples. 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Rights and Freedoms of Aboriginals Free Essays

The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened. Firstly the change in legal and constitutional rights have been a great creator of rights for the Aboriginal people. We will write a custom essay sample on Rights and Freedoms of Aboriginals or any similar topic only for you Order Now Up until 1967 the Aboriginals did not have the right to be counted in the census. This was basically a way of saying that the Aboriginals were not Australians, almost not even people. Fortunately the 1967 referendum gave Aboriginals citizenship. It did however not end any discrimination against the Aboriginal people and merely allowed them to legally join society but not socially join society. Another change to Aboriginal rights and freedoms was the constitutional change also by the 1967 referendum which allowed the federal government to pass laws over the Aboriginal people. This was to change section 51 of the constitution which stated â€Å"The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: †¦.. The people of any race, other than the aboriginal people in any State, for whom it is deemed necessary to make special laws. † This was great news as it stopped the states making unfair laws on Aboriginals and stopping them from travelling from state to state. On the other side however it was completely disrespectful as it stated the commonwealth must show respect to everyone except the Aboriginals. Another large milestone in the improving rights of the Aboriginals was the fight and subsequent win over land rights. The quest for land rights began in 1963 with the Bark Petition. The bark petition was a petition that was sent from the Yolngu people to the federal parliament that was written on a piece of bark. Unfortunately for the Aboriginals, this petition was rejected and instead the land rights were given to a local mining company. This ruling was justified under the concept of Terra Nullius, saying that the land was not settled. Another challenge to land ownership was the Tent Embassy on the parliament house lawns. This constant public pressure caused the government to express interest in giving land rights to Aboriginals. This was completed with Justice Woodward’s report in 1974 that recommended that Aboriginal reserves are to be returned to Aboriginal ownership, that Aboriginals had claim to vacant land if they could prove ties with the land, that Aboriginal sacred sites were protected. This was great as it gave power to the Aboriginals. It did however also mean that if they had sacred land that was already owned if not even used would not be returned to them. This was passed in 1976 when the Aboriginal Land Rights Act was passed. Later in 1981 the Northern Territory government opposes land rights and attempts to amend the land rights act to stop claims of owned stations and property. The attitudes of the white Australians also had a huge impact on change of rights and freedoms as it pressured the government into giving Aboriginals rights and freedoms. The 1967 was testament to this when a huge 90. 77% of Australians agreed that Aboriginals had the right to be counted in the census. There has never been any real public objections to giving aboriginals rights, merely quiet harbored prejudices in the persons’ mind. On the other side of the case the Aboriginal rights in general have not improved with many Aboriginals being mistreated and discriminated against. The statistics do not speak honestly about public opinion. The rights and freedoms of Aboriginals have been fuelled by an ever increasing wave of Aboriginal activism and increased self-esteem. Aboriginal activism began with the Bark Petition in 1963 and has caused almost all of the government change. The freedom rides of 1964, the Wave Hill protest in 1966, Even the abolishment of the policy of assimilation was caused by the Aboriginals constant protest and pain of the stolen generation. The most dominant display of Aboriginal activism however was the creation of the Tent Embassy on the lawns of Parliament House. How to cite Rights and Freedoms of Aboriginals, Papers

Marketing Hedge Funds in Europe free essay sample

This paper discusses the idea and obstacles about marketing hedge funds in Europe. This paper looks at the history of pooled monetary funds. It discusses the difficulties experienced throughout recent history to get this concept publicly accepted but how, now, this is a very popular institution. It examines one example of this concept Hedge funds, and the difficulties faced in marketing this concept in Europe. From the paper: The idea of pooling money together for the purpose of investing started in Europe in the mid-1800s. The first pooled fund in the United States was created in 1893 for the faculty and staff of Harvard University. On March 21, 1924, the first mutual fund was started in the United States. It was called the Massachusetts Investor?s Trust. It grew from $50,000 in assets in 1924 to $392,000 one year later with approximately 200 shareholders. Today there are over 10000 in mutual funds in the US today totaling around $7 trillion dollars with approximately 83 million investors, according to Dustin Woodard at About. We will write a custom essay sample on Marketing Hedge Funds in Europe or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page com.