Bethjscott5713

Comprehensive summary/exam notes on the Article 6 ECHR right to a fair trial. This document covers the ECtHR and domestic court approach to balancing (and counter-balancing factors), the "proceedings as a whole" test, and secret evidence. It also contains in depth analysis that can be used to structure an essay on this topic.

Comprehensive break down of two key questions relating to Article 5 ECHR (right to liberty): Is the right to liberty a substantive or procedural right?; is the right to liberty a powerful right? In relation to the first question, the document outlines the approach taken in the Convention and case law, specifically looking at the case of Austin v UK in the ECtHR, and analyses whether the approach currently taken is desirable. In relation to the second question, the document looks at different a...

Comprehensive summary of the concept of supremacy in EU law. This document covers the relationship between supremacy and direct effect (specifically the 'primacy model' and 'trigger model' proposed by Dougan), the differences between the EU perspective and the national courts perspective on EU supremacy (key cases include Costa v ENEL, Internationale Handelsgesellschaft, Honeywell, Gauweiler and Ajos), and analyses whether the difference of understandings is problematic.

Comprehensive break down of the different viewpoints on the principle underpinning free movement of goods in EU law through all the key cases (Dassonville, Cassis de Dijon, Keck, Commission v Italy, Mickelsson and Roos). This document also includes lengthy analysis that can be used to structure an essay on this topic.

Comprehensive summary/exam notes on national procedural autonomy and state liability under EU law. This document sets out a timeline from an emphasis on national procedural autonomy (Rewe-Zentralfinanz and Comet) to the cases of Francovich, Factortame (No.1) and Kobler. This document also contains many analysis points that can be used in an essay.

Comprehensive summary/exam notes on liability of the EU which can be used to structure any problem question and contains analysis that can be used in an essay. This document covers both the Article 263 TFEU route and Article 265 TFEU route to holding the EU to account, setting out for each the rules on standing (privileged applicants, non-privileged applicants, direct concern, individual concern, and Article 263(4) TFEU reforms), the grounds for holding the EU to account, and the legal consequen...

Comprehensive summary/essay plan on horizontal direct effect of directives in EU Law. This document details the current legal position and a comparison between the horizontal direct effect and indirect and incidental direct effect, highlighting any differences or similarities in the outcomes. It will look at the complexity this may have created in the law and whether any such complexity is necessary.

Comprehensive summary/exam notes on free movement of goods in EU Law. This document sets out the structure and content needed to fully answer any EU problem question. It covers the distinction between a quantitative restriction and a 'measure having equivalent effect' (MEQR - Dassonville), the distinction between a distinctly and indistinctly applicable measure (Cassis de Dijon, Keck and Mithouard), and the distinction between dual and single burden (Beer Purity case, Gourmet International...

Comprehensive summary/exam notes on the principle of direct effect in EU Law. This document will cover the types of direct effect (vertical, horizontal, and incidental), the arguments for and against direct effect of directives (in general), the arguments for and against the horizontal direct effect of directives, as well as an analysis of all the key cases on this topic (Van Gend en Loos, Van Duyn, Marshall, Foster v British Gas, Von Colson, Pfeiffer, CIA Security, and Unilever Italia v Central...

Comprehensive summary/essay plan on the principle of democratic deficit in EU Law. This document will cover what is meant by the term 'democratic deficit' (including an analysis of what can legitimately be expected of the EU in this regard), and the problems currently threatening democracy within the EU system. It will also cover several reforms and whether these have fixed the democratic deficit within the EU.