An Assignment About Ec Law

Part ASonja is a temporary farm labourer of 16 years old . In the summer of 2005 she was hospitalized with sunburn got from kit and caboodle in the field without adequate UV protection accede to the invisible Radiation (UV ) Protection at go away directional adopted by the EC . The Directive provides that the appendage states should need Sunblock and Sunglasses to proletarians in outdoor activities within the intend of the DirectiveAccording to the independent arbitration design with employers set up with the sociable reception of the Government by the Finnish Farm Labourers sum Sonja , has brought her deed before the supreme authority . Her claim requires that the arbiter interpret the Ultraviolet Radiation (UV Protection at Work Directive . The supreme authority considers that Sonja s claim should be dismissed because she is non a worker according to his interpretation of the Directive , entirely merely an assimilator who does not qualify for legal protectionAs provided in the independent arbitration abstract the decisions of the Arbitrator are legally ski attach and on that point is no nonetheless out to appealAccording to the rules of procedure established by the instituting treaties of the European Communities for the salute of justice of the European Communities , the Court s jurisdiction is mechanically mandatory in the areas expressly provided by the Treaties . There is no need for the Member maintains to accept this competency which means that the Court skunk be authorized by only angiotensin converting enzyme party , even against Member States .

This also means that in the attributed domains by the treaties its competence is exclusive compared to any other jurisdiction name 234 (ex terminal figure 177 ) from the consolidated agreement establishing the European Community provides that The Court of nicety shall have jurisdiction to switch preliminary rulings concerning (a ) the interpretation of this accord (b ) the validity and interpretation of acts of the institutions of the Community and of the ECB (c ) the interpretation of the statutes of bodies established by an act of the Council , where those statutes so provideWhere such a question is arised before any court or tribunal of a Member State , that court or tribunal whitethorn , if it considers that a decision on the question is necessary to alter it to repay judgment , request the Court of Justice to give a ruling thereonWhere any such question is raise in a case pending before a court or tribunal of a Member State , against whose decisions there is no judicial remedy under question law , that court or tribunal shall bring the production before the Court of JusticeIn the case of Sonja , because the independent arbitration scheme set up between the Finnish Farm Labourers alliance and the employers is conducted with the approval of the Government , to settle disputes regarding pay and conditions of work we drive out assimilate the Arbitrator with a court of law . The Arbitrator has an exclusive competence in this field . Moreover he meets the requirements set up in the last provision of the member 234 , as set forth , because his decisions are legally binding and there...If you want to get a full essay, order it on our website: BestEssayCheap.com

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