Wednesday, August 14, 2019
The efficacy of the principle of supremacy of EU law depends on its Essay
The efficacy of the principle of supremacy of EU law depends on its reception in national constitutional courts. Discuss - Essay Example Despite being recognized by member states, there are particular reservations made by the national constitutional courts that challenge the principle of supremacy of the Community law. They view supremacy as an ideology rooted in national constitutions instead of being derived from the nature of Community legal order.1 Based on this notion, the constitutional courts possess the right to evaluate whether the European Union institutions conduct themselves within the competences given to them and respect the fundamental human rights and constitutional norms. An example of such cases include the Maastricht and Solange I and II decisions made by the German Constitutional Court, the Maastricht decision made by the Danish Supreme Court, and the Frontini and Granital decisions made by the Italian Constitutional Court. France offers a good example of how the supremacy of the European Union law depends on the reception of the national constitutional court. In France, the Constitutional Council frequently subjects new treaties to preliminary evaluation. The Constitution can be amended before the ratification process if an incompatibility is seen and this practice is crucial because it significantly minimizes the risk of constitutional conflict with the Community law.2 The acceptance of the Community law supremacy remains a contentious issue for case law. This is specifically evident in the possible conflicts between the national constitution and the European Union norms. The principle of supremacy can give rise to delicate and complex matters. It is crucial to state that no case law has ever addressed the issue of EU law supremacy and the national constitution. When a conflict exists between the ordinary domestic legislation and primary EU law, it is anticipated that the courts cannot hesitate to offer influence to the principle of supremacy.3 For the constitutional courts, the mere acceptance of the supremacy of EU law over the national constitutional law is equated to re ndering the courts redundant.4 The supremacy of the European Union law is among the four constitutional doctrines of the European Union (EU) law. The supremacy has no formal foundation in the original or first Treaty of European Community. Nonetheless, the European Court of Justice (ECJ) based on the conception of the new legal order established it. This can be well illustrated by its landmark case (Flaminio Costa v. ENEL) in which it was established that there existed a conflict between the Italian laws on national electricity monopoly and the EC (European Community) provisions permitting the free movement of goods. The ECJ created a clear hierarchy between the national law and EC by stating that in contrast with the normal international treaties, the EEC had established its legal system in which an entry into the Treaty force became an important part of the member statesââ¬â¢ legal systems and in which their courts are required to apply.5 The court further ruled that the law em anating from the Treaty (that is, a self-governing source of law) was not possible to be overridden by the domestic legal provisions because of its original and special nature. The reactions to the principle were different among the Member States. It is important to note that the principle of supremacy over the national laws has been recognized by the Member States. Difficulties have emerged in acknowledging the absolute supremacy over the
Tuesday, August 13, 2019
The Importance of Military Bearing Essay Example | Topics and Well Written Essays - 3500 words
The Importance of Military Bearing - Essay Example Whether in the darkness of war trenches or in the comfort of their offices in the barracks, military personnel are expected to exhibit a high level of professionalism. Therefore, the capability of demonstrating military bearing is independent of the sites of operation: it is a demonstration of the military tactfulness, which is a direct opposite of the civilian sloppiness. In fact, many military officers today decided to join the Armed Forces because of the spruce appearance of the military personnel. (a) Self-dignity: The beauty of military bearing is in the ability to carry oneself with dignity. The military personnel are often encouraged to stand tall: they should maintain a realistic air of self-importance around themselves. The extent of self-dignity depends on the ranks of individual officers. To display this enviable self-dignity, the military personnel are taught to assume certain kinds of postures, like standing straight with the back upright like a ramrod and looking straight into the eyes of their interlocutors. Some officers have taken this self-importance farther than that: one could perceive self-dignity in their gaits as they walk from one place to another: The higher the rank the bigger the swagger or faster the sprightly gait. (b) Physical Appearance: One of the amazing things about the military is the immaculate appearance that military personnel command. You could see their uniforms properly ironed and neat. Even the way they put on these uniforms depict professionalism that seems to make people dizzy about whether soldiers truly spend hours to get their uniforms prepared. Although, it isnââ¬â¢t the uniform itself that matters, the way it is worn: military personnel have different ranks, and each rank has the befitting official uniform that stipulates the appropriate level of authority as reflected by the officersââ¬â¢ epaulettes, badges, caps or berets, and other military paraphernalia. A military officer is expected to be neat, spruce, brisk, and articulate in fashion.à Ã
Monday, August 12, 2019
History of Russia Essay Example | Topics and Well Written Essays - 3000 words
History of Russia - Essay Example ever, later internal conflicts, political tension as well as socio-economic difficulties of the country forced it to go for a bloody revolution which brought into power Lenin and so called Bolsheviks. Joseph Stalin was part of the Communist Party of Russia, which was instrumental behind the revolution of 1917. Joseph Stalin was one of the most important characters in the history of Russia after revolution. The revolution that was materialized by Lenin and has comrades finally resulted into establishing the dictatorship of Joseph Stalin. He was the General Secretary of the Communist Party of Russia until his death and rose to the prominence only after the death of Lenin. His rise to the power is a really interesting story because he carried forward the beliefs and values which he adapted as a child and as an adolescent. His era was one of the most important eras for Russia in terms of economic progress as there was a massive shift from rural based economy to more industrial economy within Russia. In order to assess whether the era of Stalin represented a significant break from the course begun by Lenin and his party, it is very important that we must first understand the circumstances behind the rise of Stalin to the power. Stalinââ¬â¢s early life wasnââ¬â¢t well as he was born in a family which was not financially well off however, as he grew, he developed himself as a person who has great liking for bank robberies, kidnapping, extortion etc. since his joining of the Communist party, he took active part into such activities and was jailed too. However, he continued to impress the leaders within the communist party for his superiority in executing such activities. The Russian revolution was largely a result of internal socio-economic conditions, which were mostly considered as oppressive and were against the interest of the common Russian. The Tsars of Russia was mainly behind creating political tension within the country which was also widening the class gap within
Sunday, August 11, 2019
History of Architecture Essay Example | Topics and Well Written Essays - 1250 words
History of Architecture - Essay Example The organic theme in architecture refers to different individual parts of the building being related to the integrated whole structure. The part-to-whole association as a basic element of the architecture has been consciously endorsed by Lloyd Wright (Harris 93), as seen in his Wayfarers Chapel. Similarly, Casa Mila (Figure 1.) depicting Art Nouveau architecture is a free-form mass located around a street corner. The organic architecture includes the faà §ade which has a wavy cut-stone wall with a rough surface suggesting naturally worn rock. The undulating balconies appear like a series of oceanic waves. The faà §ade is also considered to look like a cliff-like rock with caves, and the building was named as the ââ¬Å"quarryâ⬠or Pedrera, which emphasized its natural look. Moreover, ââ¬Å"the entrance portals (Figure 2) look like eroded sea cavesâ⬠(Kleiner 848). Further, the wrought iron entrance gates (Figure 2), balcony grills and interior window work (Figures 3a and 3b), besides woodwork and hydraulic mosaics (Gaudi et al 262) are based on organic botanical motifs with highly stylized, flowing forms. Distinctively, the rooftop is adorned with twisted chimney stacks and ventilators in unusual biomorphic forms (Figures 4a, 4b, 4c, 4d), with a surrealistic effect (Kleiner 848). The interiors are characterized by the curving lines of arches and room spaces with no right angles (Figure 5) From the plaster of the ceilings are created various organic designs such as the foam of waves, petals of flowers, or tentacles of the octopus (Figure 6). Like the Casa Mila, organic architecture is integral to The Wayfarers Chapel or the ââ¬Å"Glass Churchâ⬠(Figure 7) created by Lloyd Wright. However, in this case, the organic architecture is related to its location in a scenic setting in the middle of nature.
Saturday, August 10, 2019
Rising Unemployment Puts Strain on Social Security Fund Article
Rising Unemployment Puts Strain on Social Security Fund - Article Example However, with the recent financial crisis, the number of jobholders has been diminishing significantly leading to severe unemployment problem which in turn resulted in the reduction in inflow to social security trust fund. The origin of problem due to rising unemployment has been vividly described by Lori Montgomery (2009) in the article entitled ââ¬Å"Rising unemployment puts the strain on Social Security fundâ⬠in Washington Post. Montgomery describes the negative impact of the U.S. recession on the Social Security trust fund that affected the social security benefits for nearly 51 million retirees and other recipients. More alarmingly, due to the existence of this situation, total surplus funds at the moment may get eroded by end of 2010 far earlier than expected period. The main concern is that a lot of necessity exists at the moment for the US government to spend on infrastructure and human resource development and the shortfall of social security fund is expected to make the financial balance sheet worse. In general, the Treasury Department borrows money from the Social Security trust fund to finance government operations and this option will no longer be available in nearby future due to this recent crisis. This would certainly force US government to borrow an additional $700 billion over the next decade from other countries like China and Japan. Another concern is that by 2017, the Treasury would have to start repaying the billions it has borrowed from the trust fund over the past 25 years, which forces the government to widen its external debt. This would force the US government to enhance the tax rates considerably on the limited number of employees. Recent Congress budget presentation in August 2008 revealed that the earlier projections were satisfactory, but the condition changed towards negative trend very rapidly with loss of more than 4 million jobs coupled with the recession.Ã
Friday, August 9, 2019
How to become a lady to be admired and envied Essay
How to become a lady to be admired and envied - Essay Example None of the statements above includes level of college degree, level of career, financial wealth or marital status. This does not mean that they are not important. Certainly, they are to the same degree they are essential to an individual. Those accomplishments are as an outcome of goal setting and realization for those precise successes (Lowrey, 1). Being a woman is all about self-improvement and self-help. One should make a plan. Making a decision of the goal that one wants to accomplish in life and within a definite period is vital. Women should do something to be remembered when they are no more. For instance, you may want your children to recall the fact that that you were the cleanest or for the flower you grew. Again voicing your dream is an important goal regardless of where you are. Learn to tell the world who you want to be and what you want in life. When you tell others, it means committing. Ladies should always be aware of whom they are and what they want to become takes much approach. Look inside and find the things that you are proud of and this can be seen as self-aid or self-development. Before looking for her weakness, a woman needs to know what she does best. In addition, strength awareness builds character and confidence (Lowrey 3). In todayââ¬â¢s society, it is very important to have a role model to whom one can look upon for guidance. The role model should be a positive influencer, one that we can trust, relate to our situations and share information that can help us reach our goals and help us to solve a problem. This role model lays an important part in our lives and they assist us in making sound decisions. They help us more in mental and growth development. Woman/a female in public eyes catch the attention of very many people. They watch the way in which a woman conducts herself, the way she speak and how she treats others. Women should live by the saying that ââ¬Ëto whom much is given, much is expected'. They should understand the importance of representing themselves and the family in responsible and responsible manner. Skylar Digginsââ¬â¢, one of the basketball players is one of the role models among women and she tries to help young girls by volunteering. She hosts number of free clinics, coac hes many girls and speaks to them. She believes that this could help young girls realize their potential and set a higher bar for themselves (Diggings, 1). Most people in life have a role model who guides them. Reasons for these role models vary from one reason to another but the ideal they represent and the admiration they inspire is what makes them attractive. A role model should have the ability to give spiritual and moral values to an individual and stimulate a person to reach beyond one self. Today, the role models exposed to women are fashion related, interpersonal relationships, dating, marital as well as professional on careers. From Catholicsââ¬â¢ point of view, blessed Virgin Mary remains the role model for all women at all times since they see her as an example of transcend and inclusive time and culture. Mary is seen as the perfect human being; in her, women of all walks of life can see what it means to be a woman in relationship with Christ. Women can learn fulfi llment of existence of feminine by not aspiring to become a copy of masculine since such thoughts always distort the mission and vision of a female (Sommers, 1). Successful Women and What They Do There are women who have really worked hard and they are
Thursday, August 8, 2019
Organizational Psychlogy And Behavior Case Study
Organizational Psychlogy And Behavior - Case Study Example This essay discusses the system of assigning advisors for all students, that is clearly a very good one, because it can ensure that each student can be helped to find a suitable path in life. However, the system should have such mechanisms as to provide real equal opportunity to all. People are all different, and there should appear no such differences in treatment as it happened to Paul. Since the school must have had an antidiscrimination policy, Dr. David , unfortunately, could not even tell Paul that he did not like him and did not want to give him advice. On the other hand, Dr.David`s behavior towards the female student could possibly be interpreted as sexual harassment, so Dr. David had behaved improperly twice, not once. The system of advisors should be revised in such a way as to prevent such events and allow both students and advisors to express their beliefs, so that there should not appear any discriminations. Perhaps it would be a good idea to aks the advisors beforehand if they wish to work with that particular student, although that could give space for further discrimination. But, on the other hand, assigning Paul to Dr. David and letting Dr. David discriminate Paul anyway is not a good course of action, either, because Dr. David is entitled to his own opinions, too, and if he feels any disliking at all he will never advise Paul with an open heart. Perhaps it would be best to allow the advisors to choose their students, as long as each advisor has the same number of students.
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