Sunday, February 23, 2020
European Union Law - Essay Example However, the Act excluded liability for loss of wages and required the victim to establish the liability of the manufacturer. The Directive and the Act were to replace the existing national laws of negligence in relation to the Product. In May 2004, Byrd has prescribed a Product, manufactured by Omnia Pharma PLC (Ã¢â¬Å"OmniaÃ¢â¬ ) a company registered in England, for relieving stress. After using for two weeks, Byrd developed suppurating psoriasis as a side effect of this product. This led to frequent absence from work and the resultant dismissal from service. Byrd unsuccessfully attempted suicide due to these developments. The Product continues to be covered by UK patients with the result that Omnia has a monopoly on sales of the Product in the UK. The doctrine of direct effect, which is applicable to individuals as well as institutions, permits individuals to file a case in national courts if an EU Directive is incorrectly implemented by that Member State. Rights under direct effect have to be honored without any reference to domestic law. As such the doctrine of direct effect is an intrinsic part of the notion of the supremacy of European Law and no discretion is permitted to the Member States or Community institutions. Regulations always have a direct effect but Directives obtain direct effect only on the basis of the merits of each case (direct effect, 2006). The Community law provisions require the Member States to compensate any loss caused to individuals due to the non Ã¢â¬â implementation of a Directive. In the case of Francovich and Others v Italy, the ECJ made it clear that in order to make a Member State liable for the damages caused to an individual as a result of none Ã¢â¬â implementation of a Directive, three conditions must be fulfilled.Ã
Posted by Michael Hipple at 10:28 PM
Friday, February 7, 2020
The Philosophies of Plato - Essay Example Plato was believed to have been born approximately 427 B.C., making his ideas, concepts, and theories well over 2,000 years old. Plato lived and died in Greece in approximately 348 B.C. making him about 80 years old. However, with little historical accounts of these dates, they are approximations but it is also believed that he was born unto a very political family that was also wealthy and it was his father who ensured that Plato received the top education by distinguished teachers during this era. It is during those approximate 80 years, mostly in Athens, where he developed many ancient philosophical concepts which contributed to Western philosophy and his teachings were often considered Platonism (Vaughn). With Socrates as PlatoÃ¢â¬â¢s teacher, as well as another of SocratesÃ¢â¬â¢ famous students, Aristotle, they laid the groundwork for developing higher thinking in the foundations of Western science and philosophy in the Western world. Plato even founded an Academy in Athens which was considered to be one of the first of its kind to teach higher learning topics that included numerous topics and it was years later that his nephew (his sisterÃ¢â¬â¢s son) would be the successor of being the head of the Academy. Some of these topics that were part of PlatoÃ¢â¬â¢s dialogue, writings, and teachings were based not only on philosophy but also ethics, rhetoric, logic, mathematics, and even religion. Many of the themes behind his work included the theory of forms, innate knowledge, the five regimes and Platonic love.
Posted by Michael Hipple at 3:15 PM