Sample Essay on:
Member State Liability: Subsequent Jurisprudence and Francovich and Factortame

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Essay / Research Paper Abstract

An 8 page examination of member state liability in the European Community. This paper examines case law and how it regards liability. Bibliography lists 6 sources.

Page Count:

8 pages (~225 words per page)

File: AM2_PPeuLiab.rtf

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Unformatted sample text from the term paper:

a cooperative entity, the European Community has a number of considerations that must be made to insure that all member states work to the advantage of the whole. The establishment of the European Union (EU) in 1993 in particular has unified European countries as they have never been unified at any other point in history. The European Union will undoubtedly be a tremendously important factor in the future stabilization of political and economic power. It will also be a tremendously important influence on the rest of the world. This is not to say that this integrated political community nor the European Community as a whole does not face challenges. Among the more interesting of those challenges is the issues surrounding member state liability. Two of the more influential of the cases surrounding the issues of liability are Francowich and Factortame, cases that unfolded in 1991. These cases form the basis for a considerable volume of subsequent jurisprudence. There is an obvious sensitivity of Community policies to the respective needs and desires of its member countries. This same sensitivity has resulted in various degrees of emphasis in the provisions of Community Law. In addition to specifying such aspects of international interaction as environmental regulation, Community Law interacts with other laws in Britain and other member countries to increase competition and to lower prices. Both import and export are governed by factors of Community Law which considers such concepts as finance of international trade, patents and copyright, and European Union law. It is important to note, however, that most of the powers of the European Community rest with those of the member states. The European Community has "few exclusive powers": ...

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