Three Certainties Flow Chart

Three Certainties Flow Chart

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Outline: Principle of effectiveness and national procedural autonomy

Outline: Principle of effectiveness and national procedural autonomy

Principles of effectiveness and national procedural autonomy NATIONAL PROCEDURAL AUTONOMY Comet 1976 ECJ established that the procedural rules of each Member State generally apply to cases of EU law. However, two basic principles must be adhered to “equivalence” (the procedure for EU cases must be…

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State Liability Outline

State Liability Outline

I’ve done my best if you see a mistake feel free to message me or if you have any questions 😀 Happy revision (if there is such a thing) State Liability Attempt to mitigate the harshness of the rejection of horizontal direct effect of Directives…

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Notes on: Direct effect and Indirect effect in the EU

Notes on: Direct effect and Indirect effect in …

*revision notes/outline EU legislative instruments Regulations Directives Decisions Recommendations Opinions The two principles that help the effectiveness of the EU= supremacy and direct effect. Two types of direct effect: Horizontal = between private individuals Vertical= between individuals and the state Very nature of legislation defines…

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Three Certainties Simplified

Three Certainties Simplified

It all started with Knight v Knight 1840: In order for there to be an express trust there must be: Certainty of Intention Certainty of Subject Matter Certainty of Objects Certainty of Intention The key intention is a unilateral intention; we only look at the…

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A brief Introduction: Law and Morality

A brief Introduction: Law and Morality

The Legal Theories Natural law The natural law theory suggests that there should be a strong link between law and morality. Natural law argues that there is a higher moral authority. Writers such as Thomas Aquinas, a 13th century philosopher,  argued that this law was…

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