Law Essay Example | Topics and Well Written Essays - 1750 words - 3

Law - Essay Example 541). It effectively allows individuals to challenge actions by Member States or the EU institutions through the ECJ but obtain an effective remedy from his national court. Article 234 also provides guidance on what national courts should do in the event that an individual seeks to invoke his/her Community rights in order to challenge national law. This is necessary because In most Member States concepts of sovereignty prohibit challenge to the legality of statute or, a fortiori, constitutional law. Furthermore, in most Member States there are lacunae, gaps in the legal protection of individuals, arising from traditional privileges and immunities. Sometimes these limitations are justified, sometimes they are not. (Steiner & Woods, 2003, p. 130) An EC decision is ‘binding in its entirety upon those to which it is addressed’ (Article 249). Italy therefore must implement the decision. Whilst EC decisions are not described as being ‘directly applicable’ they can be ‘directly effective’ (vis-Ã  -vis the State and the individual) provided the criteria for direct effects are satisfied: Grad v Finanzamt Traustein (case 9/70). Therefore Maria will have a remedy against her employer provided it is an ‘organ of the state’ and she can establish her allegations of unfair treatment. (2) Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. (3) Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice. There are a number of points to note from the Article. Only a court or a tribunal may

Marketing Plan Development Blog Assignment Example | Topics and Well Written Essays - 500 words - 1

Marketing Plan Development Blog - Assignment Example The installation of efficient telecommunication system at the companys offices ensures that even at night, the machine generated reply is sent to the consumer. It assures him/ her that the responsible personnel will attend to the inquiry when they report to work. The company also has its own suppliers and has leased out quarries for obtaining its raw materials. This ensures all times the supply be less than the demand. As a result of a pre-arranged deal with the suppliers, the production costs are low for the company translating to a pocket friendly cost of the same to the consumers (Valentin, 2004). With low prices, the company can be competitive in the market. Due to the businesss young age, it becomes difficult to acquire loans and other financial assistance from financial institutions(Valentin, 2004). The requirement by these facilities requiring a certain cash flow for a company to be eligible for such services has hindered the growth of the company. It has resulted in the company losing out on big tenders requiring large capital to facilitate the consumer needs. The increase in mortgage offers and good financial times in the country has resulted in a boom, in the real estate sector. Thus with enough resources and efficient services it will be easier to acquire new markets for the products being offered by the company such as sand and gravel plus the offer on transportation of the same to the construction site. The external factors that threaten the success and future of the company among others include political and legal interference by third parties(Valentin, 2004). The government has set up environmental agencies that have become critical of open quarries being left after mining. Thus, it has been gazette that such sites be filled after the quarrying seizes subjecting the company to additional operation costs. Another threat is the emergence of other construction trucking companies which have flooded