European Union Law Coursework Essay Example | Topics and Well Written Essays - 2500 words

European Union Law Coursework - Essay Example The latter had been storing several chemical substances, including some of the chemical substances that had been specified in the Directive. In March 2007 Simon was hospitalized for mercury poisoning after eating vegetables from his garden. Mercury had been specified in the Directive. Investigations revealed that this mercury had leaked into Simon's garden from the adjacent Otis Chemicals' warehouse. Directives are the devices through which the European Council implements laws in the Member States of the European Union. Directives harmonise national laws with the European Union laws. The legal systems of the Member States are influenced significantly by the European Community, which governs the interests and rights of the Member States through its own organisations. There exists a unique and sovereign legal system that binds each Member State. This system was developed by means of the several Treaties, which created the EC legislation. One of the main pillars of the EU is the European Court of Justice or the ECJ. The ECJ had interpreted the nature and effect of Treaties, which is known as the doctrine of direct effect. It is a concept which enables aggrieved individuals to seek redressal in national courts if a Member State fails to implement the provision of a directive. The ECJ developed the notion of direct effect. Under this concept, individuals and organisations can use the provisions of the EC Law in a domestic court without having to wait for the Member State to satisfy an obligation which the Member State failed to execute. According to the ECJ, certain requirements have to be fulfilled for the provision of EC Law to gain Direct Effect. According to the notion of direct effect individuals can invoke community law to fulfil the required ratification for enforcement in their national courts. In other words, it empowers individuals to have a control similar to Article 226 EC, which bestows authority on the Commission to initiate proceedings against Member States for breaches. Direct effect permits each and every citizen of the Union to participate in the activities of the Union and it has brought the community into their lives. The legal aspects of direct effect have been established in Van Gend En Loos. The ECJ had held in this case that any individual of the Union can invoke Article 25 EC in order to restrict Member States that imposed additional customs duty on imports and exports and other charges that have equal effects. The Court also held that Article 25 EC was directly effective and individuals could challenge it in their national courts. The Court further held in its decision that individuals may have these rights conferred upon them directly under the provision of the various EU Treaties (Van Gend en Loos v Nederlandse Administratie der Belastingen). In Pubblico Ministerio v Tullio Ratti, criminal proceedings had been initiated, under the national law, against the applicant for the alleged infringement of Italian legislation, which was very stringent in the matter of packing solvents. Ratti resorted to the community directive's direct effect as his defence and the outcome was that a preliminary reference was made to the European Court of Justice. The ECJ placed an estoppel argument with the objective of directly enforcing the directive (Pubblico Ministero v. Tullio Ratti ). The ECJ held that if a directive had

MANAGING HUMAN RESOURCES DISCUSS THE ROLE OF PROCEDURE IN MANAGING Essay

MANAGING HUMAN RESOURCES DISCUSS THE ROLE OF PROCEDURE IN MANAGING BOTH INDIVIDUAL AND COLLECTIVE CONFLICT IN ORGANISATION - Essay Example These are common problems in smaller and bigger organisations with varying degrees of significance; but they could never be ignored. Very few organisations could overlook the need of human resource management today. When a group of people are working for the better part of the day, every day, day after day, together, at the same place, dealing with the same issues, it is not surprising that individual and collective conflicts take place in the world sphere. It becomes part of the daily management to deal with these kind of unpleasant skirmishes; nevertheless, it is also important to manage them correctly so that the managing itself should not leave a residue that would create further problems for not only the individual workers, but also for the organisation itself. Every organisation has realised how important it is to have pleasant situations at the working place and how imperative it is to please the worker. Workers too have understood that never-ending conflicts can bring unpleas antness, mental turmoil, continuous annoyance, loss of efficiency and job and hence, opportunities. So, when both the sides are more understanding, it is not very difficult to adapt some procedures that would deal with any eventuality. We have heard a lot about the Japanese way of treating their workers and the effective procedures they adapt to solve the conflicts at work place. Perhaps it is always necessary for the western society to take a leaf from their in managing their own people. PURPOSE It is necessary to know more about the various dimensions and variables of human resource management and how it should deal with the conflict management. In every organisation conflict management procedure is absolutely necessary, because if conflict management is not effective or is not according to the style and perspective of the company's work, the small problems could branch out into bigger issues and shake the very structure of the organisation. Hence, a study on human resources conflict management is necessary from all the points of view. METHODOLOGY This study depends on the secondary sources like connected books, journals, reports, case studies and sources from the internet. There will not be any primary research in the shape of personal and face to face interviews. This also could be called the limitations of the project. DISCUSSION "Conflict persists at all levels of contemporary corporate life, including the top. Yet conflict rarely escapes the boundaries of executive contexts to escalate into large-scale public disputes or firings the kinds of events that receive widespread media attention," Morrill (1995, p.1). Resolving conflict situations is definitely not an easy task and needs patience, understanding, kindness and more than that, a set of procedures. It is imperative that the person should be a skilled communicator, who can create an open communication environment, where both the parties feel comfortable and ready to discuss the matter. Listening to the complaints of both the sides is the first procedure in solving any complaint. It is also important to keep an open mind while listening or discussing. It is necessary to venture into discussion only after the complete matter and the diverse viewpoints are totally understood by the negotiator. It is necessary for