Legal Order of European Community Essay Example | Topics and Well Written Essays - 2250 words

Legal Order of European Community - Essay Example With these points in mind, let us try to find out to what degree it is justified to view the EC as representing a new legal order, and what aspects of this order are indeed unusual. For this purpose we will overview the history of the European law and legal structures, and then will try to single out those specific qualities of European law that contributed to the emergence of a new legal order within the EC. First of all, we should from the very beginning chart a clear interrelation between the EC law and the European Union (EU) law, which stems from the EU structure according to treaties. The EC is one of the so-called three pillars of the EU and is related to economic and social aspects of the single European market. The remaining two pillars are represented, in accordance with the Treaty of the European Union also known as the Maastricht Treaty, by Internal Security (Police and Judicial Co-operation in Criminal Matters), and by Common Foreign and Security Policy. In the outlined context, the EC law is contained in the EC Treaty, EC Recommendations, EC Directives, and in the case-law of the European Court of Justice (ECJ) (Van Gerven, 2005, pp.12-27). 1 TheThe ECs legal nature was fundamentally influenced by the ECJ, created in 1952, in its two precedent-setting judgements of 1963 and 1964. The first one was the famous Van Gend & Loos case, in which the transport company from Netherlands filed a suit against the states customs because a higher than usual duty was imposed on import of chemical products from Germany. "Van Gend & Loos" company viewed this action as a violation of the twelfth Article of the EEC Treaty (today this is the twenty-fifth Article of the EC Treaty), which banned increases of custom duties or introduction of new ones between Community members. The Dutch court passed this matter to the ECJ and asked for the clarification of the relevant Treaty article. This seemingly minor case instigated the ECJ to formulate some important fundamental principles that contributed to the formation of the legal order of the EC. During the Van Gend & Loos case investigation judges considered the issue of whether individuals also c an appeal to the EEC Treaty articles, and in spite of the opinion of the Advocate General and a number of governments, judges of the Court issued the resolution which stated that the EEC treaty was meant to be something more than only an agreement between states, but rather that it as well was related to all peoples. Thus, according to the logic of the Court, newly established European institutions empowered by sovereign rights affected both member states of the Community and their citizens. The conclusion that followed from these observation was that a new legal order was created in the international law which limited sovereignty of states in some areas for their benefit, and was equally binding for their citizens. 2 Soon, ECJ used Costa/ENEL case to clarify its position in more detail. This case stemmed from the situation when Italy in 1962 nationalised electrical industry and passed the assets to the National Electricity Board (ENEL). Mr Costa, who was a shareholder of one of the nationalised companies, claimed that his dividends were stolen, and refused to pay bill for

Right to privacy Essay Example for Free

Right to privacy Essay One of the hallmarks of every free and democratic society is the enjoyment by the people of their right to privacy. An example of the right to privacy is that which is protected and guaranteed under the Fourth Amendment to the United States Constitution. Thus, searches and seizures to be valid must comply with the requirement of â€Å"reasonableness†. In case this requirement is not complied with then any evidence obtained in violation of the Fourth Amendment shall be declared inadmissible in any court of law pursuant to the Exclusionary Rule. One concrete example of the right against unreasonable search is when a police officer squeezes the luggage of a bus passenger in search for drugs. In the case of Bond v. United States, 529 US 334, Bond was a bus passenger when a border patrol agent boarded his bus to check on the immigration status of the passengers. While checking the immigration status of the passengers, the patrol agent it squeezed Bond’s bag and felt an object inside it. When asked, Bond allowed the agent to open it. The agent discovered methamphetamine inside his bag. In this case, the court ruled that the two part-test established under Katz v. United States to make a search valid for purposes of the Fourth Amendment not complied with: a) governmental action must contravene an individuals actual and subjective expectation of privacy; (2) and that expectation of privacy must be reasonable in the sense that society in general would recognize it as such. First, Bond had a reasonable expectation of privacy over his personal belongings and this is manifested by the fact that he brought with him an opaque bag that was placed over his seat. Secondly, the society in general recognizes that such expectation of privacy is reasonable. Although there is the expectation that the said luggage will be handled by other passengers of bus employees, there is no expectation that the luggage will be physically manipulated in an exploratory manner as what the patrol agent conducted in this case. The ruling in this case is particularly important for the protection of the people who are in public vehicles. It bears stressing that the privacy of a person is not limited only to his house, his office, his garage but this right extends even to his personal belongings. Mail Searches The same protection of the right to privacy extends to first-class letters and sealed packages. The rule is that in the absence of any probable cause that will lead police and postal authorities to conclude that there may be illegal contraband inside letters or packages they do not have any authority to inspect and open them for the purpose of searching for any illegal item. The case of United States v. Van Leeuwen is instructive. Even if there is probable cause to believe that there is an illegal contraband inside the letters or packages the same still does not authorize police and postal authorities to open them. Their authority is limited to the right to detain them for a reasonable time sufficient to obtain the required search warrant. It is only when the search warrant is obtained that they may open these letters and packages. The idea behind this principle is simple. The right to privacy and the right against unreasonable search and seizure are so important that suspicions for an illegal contraband inside the letters and packages do not suffice. There is also no justification for police and postal authorities to immediately open these letters and packages since the letters and packages are within their full control which gives them sufficient time to wait until search warrant is secured. Searches and Seizures by Private Persons One limitation of the provisions under the Fourth Amendment is that it extends only to privacy intrusions committed by government agencies and officers. Searches and seizures made by private individuals even if they violate the Fourth Amendment are not protected by the Fourth Amendment. The reason is simple. At the time the Fourth Amendment was included in the US Constitution that same was intended to guard against the potential abuses that government authorities may commit against private individuals. Historically speaking, the Fourth Amendment was originally designed as a response to the controversial writs of assistance that was prevalent before the American Revolution. (â€Å"Fourth Amendment to the United States Constitution†) It seeks to limit the power of government authorities and to protect the privacy rights of the people. Thus, considering that private individuals are on equal footing the framers thought that there was no reason to expand the scope of the Fourth Amendment and include therein private individuals. Thus, evidence obtained by private individuals in the course of an unlawful search provided they acted purely on their own and the police did not encourage nor participate in the private search and seizure is admissible. In the first example, if the discovery of methamphetamine was made by an employee of the bus company tasked to conduct routine inspections and searches, then the same does not constitute unreasonable search and the evidence obtained is admissible in court.

The Road To Success English Language Essay

The Road To Success English Language Essay The road to success is not straight. There is a curve called Failure, a loop called Confusion, speed bumps called Friends, red lights called Enemies, caution lights called Family. You will have flats called Jobs. But, if you have a spare called Determination, an engine called Perseverance, insurance called Faith, you will make it to a place called Success. (Bro. Emil Andrew dela Rosa) Success is the thing that is sought by all people and it is the completion of anything intended, in other words success is finishing what you planned to do (Watson, John) , people are asking, what is the road to success? There are no direct answers to this question; because success has many different factors determine how an individual will be up for success (colin turner, 2006). Laing Burns, Jr. said Success often comes to those who have the aptitude to see way down the road. (Laing Burns, Jr) In order to achieve success, there are some methods and skills to achieve success, first set your goal, second develop yourself and explore your abilities, third organize your time and self management. Everyone must have purpose for his life, so first of all a method and skill to achieve success is to setting your goal. In order to determine the goals that matter to you, and you will use in your plan, make a list of everything you wish or dream to achieve in various areas of your life thought this dream whatever small or large and type it on paper. Writing all your goals on paper at this stage will expand the horizon of your thinking, so do not try thinking and how you will achieve these goals; because thinking will reduce and limit your belief in your ability to achieve them. Also, when you write a list of your goals you will start to see new opportunities in life were not see before, and you will find yourself attracted to these opportunities. (colin turner, 2006) Its important to plan for each goal so focus on what you really want to accomplish and the reasons why you need to accomplish them and list your goals through prioritization, also, focus on the different areas of your l ife and do not allow fear to stand in your way. Do not focus on your goals at the same time and try to separate them and do each one alone .first, do the most important one and then do the next. (Ashley Ann Serafin, 2009) Moreover, determine your ability to achieve your goals and ask yourself if you are able to commitment to the goals you set for yourself no matter what kind of goals? So dont write goals and you cant do it or you dont have ability to do it. Sometimes you will notice that you will not achieve the goal the way that you planned. And at times youll find that your experience for some creative plans and the actual moment of taking some steps lead you in directions never imagined before, and are often greater and more successful than those that you put it in your plans. This is because the plans were based on the current ability and the ability change over time. (colin turner, 2006) Also, its important to do your best to follow your goals. Because whenever you see your goa l in front of you and you feel that it negotiable to achieve and be realistic, you will persevere to achieve and move away from the postponement. Experts say that the more you feel that your goal is real; it could increase the likelihood of success in achieving this goal. (Abdulla, 2010) In addition, also explore your abilities and develop yourself is one more method to achieve success. To discover your abilities, ask yourself I am strong in what? What is my strength and what are my skills? What I concentrate upon? How do I increase my abilities? Furthermore, you must read and learn and develop yourself always and never. Learn about yourself and your abilities and learn from life. Also, applied what you learned, so you will not bring new information only if you applied the old, and also you cannot be treated yourself, unless you learn from your attitude. (Kazem Ameli) Moreover, you should identify your weaknesses. Usually, no one really wants to admit weakness points but, you cant escape from your weaknesses; you must fight it. However, weaknesses too can be strengths if put correctly and your weakness should come out as a problem which is almost solved not a critical and hopeless trait that cannot be helped. (Identify your Strengths and Weaknesses CVTips.com)The pu rpose of the knowing the weaknesses are not to induce misery or frustration, but it opens the door for a great deal of awareness and improvement. So, dont shy away from weaknesses. Instead, look at things objectively, recognize and admit weaknesses and make conscious decisions on what to do about them. (Ben Yoskovitz, 2007) Besides, the more self confidence you have, the more likely it is youll succeed .So, you should have Self-confidence. Although many of the factors affecting self confidence are outside your control, there are a number of things you can do to build self confidence like focus on contribution, work out, speak up, compliment other people and sit in the front row and many other ways. (Erin. Editor, Pick The Brain) Accepting advice is not always easy. There is Proverb says, Listen to advice and accept correction, then in the end you will be wise. (Frà ©dà ©rick Jà ©zà ©gou, 2010) So, think about the advice that giving to you, Say thank you; someone has taken time t o share their thoughts with you and if its good advice, go and start implementing it. Moreover, you must learn from your mistakes, and recognize that you fall in it. And you should have the courage to admit it to yourself and others and must accept that mistake and not blame yourself when you fall in line. Also, challenge those obstacles that stand before you and keep away from your negative thoughts. If you fall, Arise, then try again and do not remain where you fell, and not duplicate the wrong. (Girls of Wisdom, 2010) No success comes without perseverance. Successful are not better or smarter or stronger from others, but they had their perseverance and their determination distinctive. (Abdullah Bin Bakhit, 2006) Persistence is the quality of never giving up when you face challenges, of holding on to your dream, of refusing to be discouraged no matter what the odds, no matter what happens. Therefore, you should be Persistent and ambitious as you want. (Royane Real, 2005) Renewal a nd creativity go hand in hand, which are essential to every person, like the daily routine boring absorbs the energy and enthusiasm of the person; therefore, you have to renew your life, you will find that successful are keen to develop yourself through several ways, and are keen to develop your methods to achieve what you want. (Abdullah Al Muhairi, 2006) Another method and skill to achieve success is organizing your time and self management. It is mean ways by which one had to make the most of his time in achieving its objectives and create a balance in his life between obligations and desires and goals. Therefore, we must develop a plan to become a time management easy and accessible. You should familiarize yourself with the comparison between the priorities, because the opportunities and obligations may at the same time brings, which one would you choose? In short, choose what it deems useful to you in your future at the same time is not harmful to others. (Eugene Jrisman Jeffrey Mayer, 2008) Furthermore, you can use of your leisure time by many ways such as reading magazine articles or some books, review your list of goals, break out your notebook and start develop list of ideas for what you want to do, get prepped for your next task and certainly do not forget to take some time for yourself to relax and make yourself ready to wo rk again. (Leo Babauta, 2010) Also, focus and do not confuse your mind in more than one direction, if you take this advice and applied it, youll find a lot of time to do other things more important and urgent. (Eugene Jrisman Jeffrey Mayer, 2008) Moreover, manage your time, by draw up a daily schedule, where you should write the things you plan doing that particular day. Try to pick realistic time plans for those things and live an extra error margin, just not too big. (Mike , 2010 ) Also, draw up a weekly schedule, and put the necessary targets first, as self-development objectives through courses or reading, or family goals like go out to trip. Besides, use modern techniques to seize opportunities and achieve success, as well as to organize and saves your time such as the Internet, computer and other. (Eugene Jrisman Jeffrey Mayer, 2008) To sum up, the above discussed methods and skills that will help you to achieve success by setting goal and achieving them effectively and efficiently, and staying focused by prioritizing your main aims. Also, help you exploring your capabilities and develop yourself through reading and learning and many other ways, and help to organize your time and self management. Thus, the road to success has many difficulties and bumps, but you are able to continue it with determination and resolve. And you can be a successful individual in life by following a systematic and simple lifestyle.

Essay --

Cassandra Casares 2-11-14 Paper #1 Marius paved the road that inspired many to follow in his footsteps, as Caesar and Octavian, which led to the breakdown of the Republic. Marius held consulship for a record breaking seven years, completely disregarding the Lex Annalis, and leaving the senate looking slightly powerless in the eyes of its people. Also, Marius used war and corruption on his side in order to hold his political power in Rome, knowing full well he was needed to fend off invasions especially from the north. By abolishing the Servian laws, he also allowed the landless and the poor to join in the army, which created status problems for the Romans, and encouraged others to follow right along with his creation of a professional, private army through the Marian Laws and reforms. Gaius Marius put into affect army reforms that changed the military, political and social aspects of Roman society. These reforms brought about private professional armies, enlarged aristocratic values by increasing wealth, and event ually led to the exploitation of legal and political faults to boost personal power that all together helped to disestablish the republic. One important aspect of Roman life is that of tradition. By Marius consecutively holding seven consulships in a row and doing so whilst not present for some strayed away from political tradition and enabling actions of later romans. Because of a foreign threat up north of Rome, the people knew they needed him in office, which helped him hold his consulship for so long. Marius was elected consul again each year until his sixth consulship in 100; the people disregarded the lex Annalis didn’t allow the senate to prolong his consulship (Scullard 1982 52). Marius saw an opportunity... ...r political status and power, to finally breakdown the Roman Republic. By Marius using war and corruption to his advantage to gain and hold on to his consulship for many years, he gave the impression that the senate was losing their power and hold over the people. By abolishing the Servian laws and allowing the landless and the poor to serve in the army, he threw out the Roman tradition that money and wealth showed loyalty and commitment to Rome. Also, he provided the generals, and himself, the pressure to continue to win the wars in order to gain loot, and land to give to their armies to keep them happy. However, mostly Marius military reform was the most influential ways that Marius had on the future Romans, that gave them the power to achieve their political success over the senate and eventually bring forth the breakdown of the Republic. Word count: 990 Essay -- Cassandra Casares 2-11-14 Paper #1 Marius paved the road that inspired many to follow in his footsteps, as Caesar and Octavian, which led to the breakdown of the Republic. Marius held consulship for a record breaking seven years, completely disregarding the Lex Annalis, and leaving the senate looking slightly powerless in the eyes of its people. Also, Marius used war and corruption on his side in order to hold his political power in Rome, knowing full well he was needed to fend off invasions especially from the north. By abolishing the Servian laws, he also allowed the landless and the poor to join in the army, which created status problems for the Romans, and encouraged others to follow right along with his creation of a professional, private army through the Marian Laws and reforms. Gaius Marius put into affect army reforms that changed the military, political and social aspects of Roman society. These reforms brought about private professional armies, enlarged aristocratic values by increasing wealth, and event ually led to the exploitation of legal and political faults to boost personal power that all together helped to disestablish the republic. One important aspect of Roman life is that of tradition. By Marius consecutively holding seven consulships in a row and doing so whilst not present for some strayed away from political tradition and enabling actions of later romans. Because of a foreign threat up north of Rome, the people knew they needed him in office, which helped him hold his consulship for so long. Marius was elected consul again each year until his sixth consulship in 100; the people disregarded the lex Annalis didn’t allow the senate to prolong his consulship (Scullard 1982 52). Marius saw an opportunity... ...r political status and power, to finally breakdown the Roman Republic. By Marius using war and corruption to his advantage to gain and hold on to his consulship for many years, he gave the impression that the senate was losing their power and hold over the people. By abolishing the Servian laws and allowing the landless and the poor to serve in the army, he threw out the Roman tradition that money and wealth showed loyalty and commitment to Rome. Also, he provided the generals, and himself, the pressure to continue to win the wars in order to gain loot, and land to give to their armies to keep them happy. However, mostly Marius military reform was the most influential ways that Marius had on the future Romans, that gave them the power to achieve their political success over the senate and eventually bring forth the breakdown of the Republic. Word count: 990

Changing communication by technology Essay

Nowadays the world changes in so many parts such as environment, economic, cultural, technology and so on†¦ And all of those things will be effect in a business. Especially, technology has change really quick over last 20 years. It is made the word seem smaller and make people closer .Communicate today has changed from personal to more dialogue as sharing information, sharing videos, photos and other multimedia content. It is accomplished through the development of technology in both hardware such as smart phones, laptops and software as all social networks, email, and mobile software. We can easy see that the most outstanding changes in technology is Web Site, Social networking, smart phones, Internet shopping .it affect in communicate with our customers, suppliers, government and public. We can easy deny that the internet is growth up and change every day. ‘’The Internet is probably the most revolutionary idea since the invention of cell phones’’ (How the internet is changing life and business, 2014). It is the best opportunity for company doing marketing to attract customers. ’’Around 40% of the world population has an internet connection today. In 1995, it was less than 1%. The number of internet users has increased tenfold from 1999 to 2013’’ (Internet Users,2014). Furthermore, the development of hardware devices such as smart phones, tablets, computers also changes the way people communicate with each other. Communication within the company and outside the company has changed compared to the past. it made our communication in business is more faster and easier . Firstly, we can easy see that Word Wide Web is more commonly to communicates with customer. They can buy or do research by the web pages online and don’t need to go the showroom or a store to decide what they want to buy. â€Å"According to PC magazine,58% of people research a product or service provider online before buying†(e-shock 2020,Macheal de Kare-Silver,p.135) .Amazon is a successful company is this case with revenue achieve US$ 74.45 billion in 2013 (Amazon.com, Form 8-K, Annual Report, Filing Date Jan 30, 2014) .We also use the web pages for sharing information to public which mean we can use the web to provide information to public and attract investors also informed on the status of business quickly to shareholders . In addition to the benefits that are as low cost, easy to connect everywhere and rapid interactive communications but challenging encounter is the search  can be slow, danger of information overload and excess and virus attacks. The secondly is mobile phone. They changed the way people communicate with each other and companies also rely on it to be able to communicate better with their customers. For example ANZ Bank have created a â€Å"ANZ Gomoney app† to better interact with customers. they can easily use anytime, anywhere â€Å"GoMoney The ANZ â„ ¢ app provides a secure and convenient way to bank, 24/7†(anz.com.au,2014). In addition we can better interact together face to face wherever customers are when they use their Smartphone. For shareholders we can have meetings without necessarily meeting room , we can inform the external situation quickly companies to shareholders via sms or email when they are accessed by phone. Next, email has changed the way we communicate in business. it is used for internal communication within the company and external communication with customers, suppliers and the government . Scott F. Geld argue that Email is an Internet marketing tool that is fast, easy to use, inexpensive and effective (Advantages of Email,2014). Email can help companies reach customers through an easy advertising without spending much more on printing costs. Also â€Å"Email lets businesses market to targeted audiences. Customers can opt in to receive email communications about products they own, sales or new items. Customers who receive targeted emails based on their preferences are likely to be more receptive.†(Advantages and Benefits of Email for a Business, Amanda C. Kooser, Demand Media, 2014) . We may use email to conduct customer service to answer questions as well as information that customers need to know. Email has certain advantages for companies such as low cost and easy access can use at any time. It is easy to send a message to large numbers of people. Today we face many difficulties when using email to communicate as system security, risk sending the wrong address and so much spam box. With the organizations, communicate with customer such as selling products and services to the customer with a high possible price is a main purpose in their business. So that, to achieve it, they have to compete against with other competitors in the economic market and promote their products to the  customers. Therefore, using social media is the best way to advertise the organization’s products or services. â€Å"Social networking Web sites and services, such as Facebook, MySpace and Cyworld, have become primary communication media for a new generation of digitally aware consumers† (The Changing face of communication , IBM Corporation).By posting the article product promotion on the social media websites such as Facebook , Twitter†¦ they can communicate with the customer in a indirect way. Besides that, with the developing of technological, making advertising video is easier way to promote the organization’s business. In other words, the customers will be feel more confidence to make their choice when they can read or watch the products detail in their own computer and other customer comments about the products that they want to buy. With the developing of social media, the organizations will not to misspend their money for advertising their products, and time to communicate with their customers. Social media open the best way to business for the organizations in promotion and online-service with customer about their products. For example is this case is Vodafone .†The â€Å"Connect to Friends† application from Vodafone is a messaging application users can download from Facebook. It is open to Vodafone and non-Vodafone customers and allows them to send messages and photos directly from Facebook† (â€Å"Vodafone Connect to Friends.† Mobi le TechNews. September 2008.) Technological also changes the way of communication in today’s companies. In the past, we are difficult to communicate between levels in a company. Example, staffs are difficult to present the problem as well as new ideas for their managers. The managers also can hardly reach the staff new idea because it needs a long time. Today, it is easy to communicate internal in the company, it is faster and easier. For managers they can use email to send information to employees, and it’s easy to get staff feedback quickly. For staff, technology opens up opportunities so that they can present their ideas as well as faster and directly. In addition, the development of social networks brought a good tool for managers to communicate better with staff. They can understand better the problems existing in the company as well as getting good ideas to operating and develop company. For example, â€Å"General Motors uses social networking tools to facilitate communication between  executives and employees, as well as to give product experts the opportunity to present new designs to the employee community† (Holtz, Shel. â€Å"GMnext: A preview of corporate communications in the social media era.† January 3, 2008). Furthermore, communication between staff members also changed compared to the past. They can more easy to connect with mobile phones, we can communicate anytime, anywhere sharing new ideas and do the jobs better. They can share information and attach documents by email to complete the job faster. In other words, your employees can work wherever with devices, such as laptops, phones and they were easier to exchange information with each other at low costs by using email, clouds and but software like Skype, FaceTime and so on.

Journey to America essays

Journey to America essays The word America has been a dream to me since I heard about its freedom. Finally, today , I start my long journey. Natalia, my little sister by a year, and I have packed four outfits each, silverware, photos of our family and friends and other small objects that mean a lot to us. We hope to reach America safely one days from now. I cannot wait to see the Statue of liberty. Freedom is scarce in my homeland, Ukraine, and just the thought makes me cry. The train ride was awful and there were many older passengers in the car we were in. Natalia is already flirting with guys three four even five years older than her. I keep telling her not to talk to strangers but you think she will listen? Olya looks like every other girl in this train station. We asked at least twenty other people what their name was before we found Olya. Natalia asked most of them because I do not like to talk as much as her. Life is well of for the most part. Today we went sightseeing and found the Ukraine and Russian part of the city. New York City is a lot bigger than I imagined and I almost got separated from Natalia and Olya. Yesterday was the most frantic day of my life. Even though I understand English, the employers that guided me throughout the day were awfully confusing. They asked me the most obvious questions. Some would include: Are you single and were you ever engaged? and Do you know enough English to survive in America? There was one good person though. He was polite and didnt care if I did not answer correctly. Others would threatened to send me back to Ukraine. Today was a lot better than yesterday and I am glad that the officials gave us a day to rest. I also got Mr. Polites name and phone number. I cannot wait to see him again. I am getting tired and the manager of the tenement is go ...