Wednesday, May 6, 2020

Essay about The Causes of the American Revolution - 927 Words

The American Revolution was a major declaration of freedom and individual rights that inspired similar revolutions world wide. The underlying causes of the American Revolution were deep seated. Some of the contributing factors were the changes in thinking brought about by the Enlightenment, the theory of Mercantilism, the French and Indian War, and Englands inability to enforce its laws. The most important reason for the Revolution was Americas change in thinking as a result of the Enlightenment. Political philosophers such as John Locke began saying for the first time since ancient Greece that the government was there to serve the people, not the people to serve the government. If the government failed to serve and protect the†¦show more content†¦This was the economic system in which a Mother Country (Britain) starting colonies in other countries. These colonies provide the Mother Country with all the natural resources that it can not provide for itself, and would otherwise have to purchase from other European countries at a higher price. In turn, the Mother Country would sell their manufactured goods back to the colonies and around the world. This is not fully a disadvantage for the colonies. For a long time their populations were small and it was cheaper and easier for them to import most of their goods. However, Britains monopoly of raw materials was not always favorable towards the colonists. Perhaps the Portuguese or French were offering a better price on lumber or tobacco. How many colonists would actually refuse a foreign offer because England wouldnt make as much of a profit off of them? Also, as the colonial populations grew, it became wiser for them to start manufacturing more of their own goods. New England became an esteemed ship building center that rivaled or surpassed Britains. England repeatedly resisted manufacturing in the colonies. They even went as far as to pass laws such as the Wool Act of 1699, the Hat Act of 1732, and the Iron Act of 1750. These laws prevented the exportation of some textiles and all hats, and forbade the building of any new factories that produced iron products. This was done purely for English prosperity without regard toShow Mo reRelatedThe Revolution : The Cause Of The American Revolution1898 Words   |  8 Pages The American Revolution was the turning point for the colonies that made up the United States today. It was the war that freed the colonists from British control. But what actually caused the American Revolution? Well, there’s no simple answer to that question. In fact, most of the causes acted as if they were dominoes. These events can be categorized in four periods of time or setting. These groups are, Salutary neglect, Mercantilism, Boston, and Unity of protests. Salutary neglect was the ideaRead MoreCauses Of The American Revolution1202 Words   |  5 PagesThroughout history many revolutions took place, ranging from the unremarkable to a truly memorable, as the French revolution, the American Revolution, and the Bolshevik Revolution, but American revolution took place in 1775-1783. The revolution was different from other revolution because of growing tensions between residents of G reat Britain’s 13 North American colonies and the colonial government because American revolution was not like the others. This revolution was not like the others becauseRead MoreCauses Of The American Revolution738 Words   |  3 Pagesas the American Revolution, or the Revolutionary War. The American Revolution was a war between the colonists of America and Great Britain and they were fighting over the independence of America from Britain. This war lasted until 1781, when the British surrendered to the Americans, As a result, America is a fully independent country and it has stayed that way since that day. There were many causes of the war, The Stamp Act, the Boston Tea Party, and Lexington and Concord. The first cause of theRead MoreCauses Of The American Revolution913 Words   |  4 Pages While the american revolution was caused from taxes, it was also formed from the effects of a corrupt system of government. The effects of britains rule was a much bigger flame for the revolution then the taxes placed upon citizens. The american revolution was an event that will forever shape us as a country. It was a tough war filled with blood and brutal acts of violence, but it was also an awakening for the colonies that will later become the United States, it showed that while under a governmentRead MoreCauses Of The American Revolution880 Words   |  4 Pages The American Revolution is the most important time in all of American history. This brought the birth of a new country and the treasured constitution. In the beginning, colonists were proud to be British. In the years to come, there were small occurrences that bothered the colonists and led to the Revolution. Other countries contributed to the start of a crueller British control. The French and Indian War caused King George III to introduce expensive taxes (Pavao). These taxes came about becauseRead MoreCauses Of The American Revolution1335 Words   |  6 Pageswere multiple causes for the American Revolution, but the most important was the violation and deprivation of rights from the American People. The American people were faced with multiple acts and taxes that violated and took away their rights. Americans were continuously being taxed after the French and Indian War by acts like the sugar act, the stamp act, the Townshend acts,the tea act, and many more(Hedtke, et al., The Ame rican Saga). Despite all the taxes being placed on the Americans and the thingsRead MoreCauses of the American Revolution953 Words   |  4 PagesEmily Thou Mr. G./ Period 1 September 14, 2012 Causes of the American Revolution The American Revolution began in 1755 as an open conflict between the thirteen colonies and Great Britain. The Treaty of Paris had ended that war in 1783, giving the colonies their own independence. There are many factors contributing to the start of the Revolution, but the war began as the way The Great Britain treated the colonies versus the way the colonies felt they should be treated. For example, the FrenchRead MoreCauses Of The American Revolution886 Words   |  4 PagesThe American Revolution began on April 19, 1775. It was the war between Great Britain and its colonies located in the New World. The colonists, as many historians put it, were like children rebelling against the motherland; however, they had many valid reasons for this revolt, including their desire for freedom and independence. My World History textbook says freedom was falsely promised when the colonists had settled (Krull 868). The more direct causes of this widely known rebellion include taxesRead MoreCaus es Of The American Revolution1344 Words   |  6 PagesAmerican Revolution The causes of the American Revolution go back to the beginning of salutary neglect and the French and Indian War, as well as changes in the thinking of society. The effects of these events and other factors led to pressure within the colonies, ultimately resulting in rebellion. There were five factors to the nature of the American Revolution: The Environment, The Enlightenment, Self-Government, Economic Independence and Colonial Unity. The first factor that led to the AmericanRead MoreCauses Of The American Revolution813 Words   |  4 PagesCauses Before the American Revolution, any imports from England from us had to come in ships owned by the British. Also, we could only sell tobacco and sugar to England. The British took French territory in Canada, east of the Mississippi River, and Spanish Florida which led to the American Revolution. Due to the war, Britain went in debt so, the British government placed taxes on goods so they could make more money. But that’s not all that led to the American Revolution, both the us and the French

Movie Review Journey to Justice Free Essays

Movie Review: Journey to Justice â€Å"Journey to Justice† is a documentary about the issue of civil rights in Canada during the twentieth century. It focuses on the role of central people who took vital actions to end the issue of racial discrimination. The movie clearly portrays the experiences of black Canadians thorough interviews of key persons including Ray Lewis, Fred Christy, Stanley Grizzle, and Viola Desmond. We will write a custom essay sample on Movie Review: Journey to Justice or any similar topic only for you Order Now Throughout the twentieth century, key players in the black community continued to fight for their rights despite serious discrimination. Firstly, Ray Lewis was denied the job as a coach after he won a bronze medal in 1932 Olympics because he was Black, and had to satisfy himself with the job of a porter. Secondly, Fred Christy, who was refused to be served in a bar, took the matter to Supreme Court. However, the court ruled the matter against him and rhetorically, made racial discrimination legal. Thirdly, Stanley Grizzle was forced be a batman and a washroom cleaner when he joined the army during the second world war, until he fought for his rights with his commanding officer. This time however, he won and served as one of the best officers in the Canadian army. Moreover, when Hugh Brunette came to Dresden with his two American friends, he was not served in a restaurant, while his friends were. After this incident he created an organization called National Unity Organization to fight discrimination. In 1947, he challenged the local government to pass an equality law, which was passed on to the provincial government for voting, where the restaurant owner-a white, won the case once again. This created a controversy and the premier and a group of other minorities took this case to a higher level until the equality law was passed in 1950s. Lastly, Donald Willard, an immigrant fought with the government for three decades along with Negro Citizenship association and the Labour congress of Canada to change the way in which they accept immigrants. He argued that using racial origin in accepting immigrants to Canada is unlawful and stated that they should be viewed according to their education, skills and work experience and won the case. This case played an important role in making it one of the most culturally diverse countries in the world. The point that the movie is trying to make is that issues cannot be solved if they are simply accepted. If no one stands up to fight for it as it the issue will continue to become more tense leading to even more serious effects. As in the movie, the issue of racism continued to worsen until some key people stood up to fight against racial discrimination of the Blacks. Finally, in the end they got the desired results. Not only were they able to pass a law stating discrimination is illegal, but they were also able to change the way in which immigrants were accepted to Canada. The contribution of Blacks, particularly Donald Willard, changed the way in which Canada is viewed – â€Å"The land of opportunities. † The movie is related to world issues in many ways. Firstly, it provides useful information in understanding the foundation of the issue of discrimination. Racism is an issue that is making headlines these days. For example, the rising resettlement against immigrants in Quebec and the war on terrorism, which is taking hundreds of lives today had it basis in racism. Many individuals from Islamic countries are questioned heavily by officials at American Airports after the terrorist attacks. Secondly, it openly reveals the hidden truths of the Canadian government and its political system including the Supreme Court which itself promoted racism by favouring the whites regardless of the issue or the case. These days political corruption is a major issue in developing nation particularly in south Asia and many part of Africa. Thirdly, this movie portrays the issue of Canadian Civil Rights movement, which is a movement that only a few Canadian are aware of. This movement is directly related to human rights – a growing issue in Asian countries today. Low-caste children all over Asia, more particularly India are forced to do child labour, similar to how blacks were forced to work on the rail road a century ago. Blacks were not given any other jobs because of their race and these children are deprived from education and proper jobs because of their caste. It is amazing, to see these countries making the same mistake that Canada made a few decades ago. Lastly, this movie touches on the issue of stereotyping. Even though it is not a big issue, individuals throughout the world use stereotyping to judge others, often in a negative way. This creates larger gaps between races. Even though the movie shows us that the issue of racial discrimination has ended, it still exists. It is true that the magnitude and seriousness of racism has declined but many groups of people suffer from bullying because of their race and ethnicity. For example, many â€Å"Brown† and â€Å"Asian† people are regarded as immigrants and are the victims of bullying in both schools only because they cannot quickly assimilate into the western society. ( Weakness of argument How to cite Movie Review: Journey to Justice, Papers

Friday, April 24, 2020

Sunshine Enterprises Case Study

Current Quality Control System and Changes That Are Needed The field of management of operations that deals with ensuring that production and services are at the necessary specifications is known as quality control. Quality control is a very essential component of every organization that wants to develop a brand name that will be able to position itself in the market.Advertising We will write a custom case study sample on Sunshine Enterprises specifically for you for only $16.05 $11/page Learn More Sunshine operates in a highly competitive and sensitive food service industry and their final product can influence the way customers will react. It is essential to note that quality is concerned with putting the needs of the final consumer first always. Its current control system has several flaws which need to be checked or the enterprise will lose its customers in the long run. The areas of focus include the following: Customer Satisfaction It is notable th at the owner of the restaurant chains has given some attention to customer satisfaction by making enquiries to customers so that she obtains feedback. This is very good in terms of making future improvements to her enterprise’s service to its clients. However, she needs to improve on this area because her visits to the restaurants once in a while can not ensure that she has a clear picture of what should be corrected. Due to her busy schedule, she could employ better methods of ensuring quality always and not in her random. Percentage of Defects It is also good that the chains have a target of one plate per a hundred. However, this level of defect is rather theoretical than realistic. There are no means of evaluating this and maybe Abby thinks that by asking for customer responses she will be able to ensure that she attains this. First, her once in a while checks are not likely to ensure that this is followed. Secondly, some customers probably would not talk but eat what has been served and walk out slowly and never come back. Lastly, the defect level of 10% that is their target is too high when taken into practice. It means that for every 10 plates served in the restaurants, one has a potential of being defective which may mean not well cooked or having some extra seasoning among other things. Suppose a customer comes to one of the hotels and haves this meal, it will be very destructive on the image of the enterprise as there is bound to be some negative publicity arising from the customer.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Randomized Inspection and Supervision Abby, according to the case, only visits after a couple of days to get the customer complaints and act on them. Her style of quality control is centered on responses after the customers already have the food on their table. This is not the best means of establishing quality because sh e can not guarantee that when she is not around there will be a better service. Her method of using negative responses to gauge quality in her enterprise is very inaccurate. Instead, she should be aiming at checking the food at the preparation stage rather than waiting for customer response. By assuming that she will eliminate such incidences through randomized supervision or checks that are one sided, she risks loosing customers since by the time the complaint is forwarded to her, the damage will be already done. Unclear Channels of Control Looking at the case where the customer has claimed he was over tipped, there is clear evidence that the enterprise lacks a clear framework when it comes to quality control. The billing system of the hotel is one that does not hold anyone responsible as seen by the number of possible scenarios generated by the manager. The use of a third party credit card company that is not working closely with the enterprise is surprising. There needs to be a c hange in the way the hotel chains bill their customers so that complaints such as the one cited are not encountered by the management team. The management of the enterprise should develop a billing system that is efficient in generating reports accurately and timely. The credit card company contracted should be of a high standard in terms of accounting for payments in a more conclusive manner. Short and Long-Term Recommendations The enterprise has not totally embraced the essence of quality control. This is despite Abby’s appreciation of the fact that there is a great challenge in the hospitality sector because of its competitiveness and customer sensitivity. The following are some of the long-term and short term recommendations they need to take into account even as they are on a plan to expand:Advertising We will write a custom case study sample on Sunshine Enterprises specifically for you for only $16.05 $11/page Learn More Getting Things Righ t at Initial Stages The hotel management should ensure that the chefs are well trained to get quality meals always and not to wait for complaints at the table. Even as the food is already prepared, the waiter should never serve meals that do not meet required standards. The purchasing department should ascertain that the ingredients sourced from the suppliers are of good quality to eliminate wastage. Quality Assurance Rather Than Control The owners’ style of ensuring quality is not commendable. She should be centered on assuring quality for every plate served to customers rather than controlling quality as a reaction to the various complaints that may sometimes not have been heard. She should ensure that the hotel has a quality team put in place so that customers get value for every penny spent on the restaurants. Collective Responsibility Rather Than Personal Responsibility What management should recognize is that the issue of quality is about being collectively responsible. The owner should not think that by trying to enquire from customers on food quality, she is only partly responsible. The management should ensure that everyone understands that they are responsible for every single defective meal served. Benchmarking The restaurant should be able to compare their service with the other industry leaders so that they find the best means of tackling quality issues in their own organization. There should be constant research on the areas of billing, handling customer complaints, service methods and other areas that the enterprise seem to be lagging behind. By identifying with and integrating best practice methods in the hotel chains, defect and subsequently, complaints are likely to be eliminated. Continuous Improvement Sunshine chefs meet weekly with the owner according to the case. There is nothing on meeting with the whole team that comprises of waiters, supervisors and other staff. There ought to be regular meetings to chat the way forward on const antly improving service. Through such meetings, teamwork and responsibility is cultivated besides the management getting to know what different sections of the enterprise would like to be improved so the there is a continuous quest to improve quality. Through this, the enterprise will go a long way in eliminating negative customer feedback.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Encouraging Customer Feedback Quality is focused on customer satisfaction and, therefore, the customer should always be given priority. It is encouraging to note that the management of this organization has based their judgment on customer response. However, there should be an elaborate way of ensuring that customers are giving responses even without being prompted to do so by the owner or supervisors. Communication channels of such negative or positive responses should be availed so that there is a constant improvement and also issues are addressed before they become more harmful to the organization. This case study on Sunshine Enterprises was written and submitted by user Zackery Acosta to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Tuesday, March 17, 2020

Understanding the Nazi Idea of Volksgemeinschaft

Understanding the Nazi Idea of Volksgemeinschaft The Volksgemeinschaft was a central element in Nazi thinking, although it has proved difficult for historians to determine whether this was an ideology or just a nebulous concept built from propaganda displays. Essentially the Volksgemeinschaft was a new German society which rejected old religions, ideologies, and class divisions, instead forming a united German identity based around ideas of race, struggle, and state leadership. The Racist State The aim was the creation of the Volk, a nation or people made up of the most superior of the human races. This concept was derived from a simplistic corruption of Darwinian and relied on Social Darwinism, the idea that humanity was composed of different races, and these competed with one another for dominance: only the best race would lead after a survival of the fittest. Naturally the Nazis thought they were the Herrenvolk- Master Race- and they considered themselves to be pure Aryans; every other race was inferior, with some like Slavs, Romany, and Jews at the bottom of the ladder, and while the Aryans had to be kept pure, the bottom could be exploited, hated and eventually liquidated. The Volksgemeinschaft was thus inherently racist and contributed greatly to the Nazi’s attempts at mass extermination. The Nazi State The Volksgemeinschaft didn’t just exclude different races, as competing ideologies were also rejected. The Volk was to be a one party state where the leader- currently Hitler- was accorded unquestioning obedience from his citizens, who handed over their freedoms in exchange for- in theory- their part in a smoothly functioning machine. ‘Ein Volk, ein Reich, ein Fuhrer’: one people, one empire, one leader. Rival ideas like democracy, liberalism or- especially repugnant to the Nazis- communism was rejected, and many of their leaders arrested and imprisoned. Christianity, despite being promised protection from Hitler, also had no place in the Volk, as it was a rival to the central state and a successful Nazi government would have brought it to an end. Blood and Soil Once the Volksgemeinschaft had pure members of its master race, it needed things for them to do, and the solution was to be found in an idealistic interpretation of German history. Everyone in the Volk was to work together for the common good but to do it in accordance with mythical German values which portrayed the classic noble German as a land working peasant giving the state their blood and their toil. Blut und Boden, Blood and Soil, was a classic summary of this view. Obviously, the Volk had a large urban population, with many industrial workers, but their tasks were compared to and portrayed as part of this grand tradition. Of course traditional German values went hand in hand with the subjugation of women’s interests, widely restricting them to being mothers. The Volksgemeinschaft was never written about or explained in the same way as rival ideas like communism, and may simply have been a highly successful propaganda tool rather than anything the Nazi leaders genuinely believed in. Equally, members of German society did, in places, show a commitment to the creation of the Volk. Consequently, we arent really sure to what extent the Volk was a practical reality rather than a theory, but Volksgemeinschaft does show quite clearly that Hitler wasnt a socialist or a communist, and instead pushed a race-based ideology. To what extent would it have been enacted if the Nazi state had been successful? The removal of races the Nazis considered lesser had begun, as had the march into living space to be turned into the pastoral ideal. Its possible it would have been put entirely in place, but would almost certainly have varied by region as the power games of the Nazi leaders reached a head.

Sunday, March 1, 2020

Why do you need to prep for the SAT

Why do you need to prep for the SAT SAT / ACT Prep Online Guides and Tips Are you thinking about how much to prep for the SAT, or whether you should even prep for the SAT? This article answers your questions on that! The Origins of the SAT When the ETS (the folks who make the SAT) began, way back in 1947, college admission was based entirely on high school records and admissions counselors’ opinions of students’ â€Å"character.† Obviously, this was a bad way to form a student body and also extremely unfair. There had to be some way to assess all the students in the country uniformly to be able to compare between them. The Challenge of the SAT But how do you test â€Å"scholastic aptitude,† as the SAT used to claim it did? You have to use only material that everyone has been taught in school, or it’s unfair. You have to make it multiple choice, or grading would be impossible (the essay is an attempt to bypass some of the limitations of multiple choice testing). They’re not trying to test subjects, they’re trying to test reasoning: â€Å"to think, understand, and form judgments by a process of logic; to find an answer to a problem by considering various possible solutions† (adapted from the New American Oxford Dictionary). But there are lots of systems in which logic operates: which to choose? What They Decided to Do In an effort to be fair to â€Å"language people† and â€Å"math people† alike, they chose to include both systems in their test of â€Å"scholastic aptitude.† (They had to change this acronym because many people claimed that the SAT was not an accurate test of scholastic aptitudenow the letters â€Å"SAT† technically don’t stand for anything.) But, inevitably, the standardization of the testfrom student to student and year to yearrequired that they use the exact same elements of these two subjects, phrased in the exact same way, in every test. So they ended up with a test that has the same question formats testing the same concepts over 170 questions per test, 7 tests per year, for as many years as they can get away with not changing it. Because this test can make or break a student’s college options (and, arguably, his or her life options), each question has to be totally airtightno exceptions, no way to interpret the answer in multiple ways. The point of all this is that the SAT is, by definition, an extremely rigid, consistent and unintuitive testand those 3 aspects of it make SAT prep almost a necessity for most students. Test Format The ETS tests (SAT, GRE, and TOEFL, among others) are unlike any other test you’ve ever taken. They’re held in these specific places and times, have multiple sections about alternating subjects, and are extremely particular about what you are and aren’t allowed to use (e.g. a calculator and a watch are fine; your phone is not). This aspect alone is something everyone who cares to do well on the test should be prepared for. Question Format Originally, the ETS claimed that the test was designed not to require preparationafter all, reasoning is reasoning, right? But out here in the real world, people were learning different. Eventually the College Board (the people who own the SATETS only designs and runs it) was compelled to produce some limited preparation materials in response to public pressure. One main reason for this is that the questions on the SAT are both strangely worded and totally predictable, a combination practically designed to benefit those who prepare for the test. For example, a common Math question type is formatted like this: If someone tells you it’s opposite day, which of the following must be true? I. It is opposite day II. It is not opposite day III. The person is lying A: I only B: II only C: I and II only D: I and III only E: I, II and III Don’t think too hard about this one. The point is that this question seems much harder than it is, because this is an insane way to phrase a question. Good SAT prep (including PrepScholar) will familiarize you with how to handle these question types, among others that will almost definitely confuse students who have never seen them before. Question Content The content of the SAT, on the other hand, will be familiar to most high schoolers. The highest levels of math it requires are some complicated algebra and plane geometry; all the English skills it requires are basic tenets of writing. In fact, the content of the SAT has been pretty much the same since the 50s. The addition of the Writing section in 2005 was the biggest recent change to the test, but it’s just as formulaic and consistent as the others, for the reasons we discussed earlier in this post. The consistency of the content of the SAT is perhaps the most compelling reason to prep thoroughlyit asks about things that may seem random to the unprepared, but are actually part of a very narrow band of language and math skills. Similarly, the content that the SAT doesn’t test can be helpful to know, because it’s easy to get distracted by thing that seem odd about a question but aren’t actually ever tested. The Takeaway If you’re trying to plan your SAT prep, this blog post should be able to help you out. You don’t have to prep with us, but you should prep with something. The ETS tried to make a pure test of reasoning, but it can’t be done. The result is an idiosyncratic, seemingly random, set of topics and questions for which it is essential to prepare. And if you found this helpful or interesting, please share it or consider joining the mailing list to get our updates and insights 1-2 times per week! Also, get our FREE EBOOK on SAT Prep:

Friday, February 14, 2020

Roy Adaptation Model applied to Leadership and Management and Nursing Research Paper

Roy Adaptation Model applied to Leadership and Management and Nursing Education - Research Paper Example Theories have always been of prime importance in the field of nursing. They are the set of actions or activities, whose foundation is on the policies, guidelines, procedures, plan, or method that an individual follows. These specialized theories and doctrine have come under several classifications and groupings that professionals carry out and perform in various parts of the earth. There had been many theories associated to nursing and health care that has the primary focus on looking after the ill, unwell, ailing, with poor health conditions, injured and old-aged people (Meleis, 2007). NURSING THEORY Philosophical perception has molded the Nursing theory, which is the understanding of a phenomenon or an event that assists the nursing convention or process through the conglomeration of knowledge, thus, assimilating many researches and experiments when identifying the nursing convention. ... One of the most well-known and popular personalities that the world has recognized, for the uncountable services that she had provided to numerous people, known as Florence Nightingale has emerged and originated the concept of contemporary nursing theory in the middle of 1800s. Prior to the existence of the nursing theory, the nurses acted liked puppets in the hands of doctors, as the foremost and principal job of any nurse was to follow only the doctor’s prescription and guidance for taking care of the patient. Florence Nightingale placed the cornerstone with her approach that not only gave a broad and a new form and path to the nursing occupation, but also made it noticeable and apparent in the field of medical science. She developed a sense of consciousness amongst the nurses with her incredible work that this profession does not merely mean to take care of the patients upon doctor’s prescription, as it is not at all an acceptable approach for patient care. Rather, t hey should comprehensively assess the patients need and make them satisfy, comfortable and healthy with their behaviors and actions through the execution of appropriate patient care (Marriner-Tomey & Alligood, 2006). The nursing theories come under development so that the nurses have a standardized set of actions as it administers a structure and a guideline for them. The theories are in continuous support to the practices of the nursing models that have emerged as several divisions of nursing have came into existence, thus, the patients’ needs became utmost important and provision of the proper care for the patients is the basis for each nursing model (Alligood & Marriner-Tomey, 2006). The types of nursing theories include â€Å"grand nursing

Saturday, February 1, 2020

EU law (European Court of Justice) Case Study Example | Topics and Well Written Essays - 2000 words

EU law (European Court of Justice) - Case Study Example However, the ECJ in the Van Gend case laid down the conditions before EC law would be capable of direct effect, otherwise known as the Van Gend criteria. First, the provision or law must be "sufficiently clear and precise" before being capable of direct effect although it does not mean that the whole provision must comply such as for example in one case2 where it was held that even if only a part of Article 141 fulfilled this criterion, the same was directly effective. Second, a provision should be unconditional. If it conditional if the right provided depends in some way on the judgment and discretion of an independent body unless such discretion is subject to judicial conduct.3 Finally, the third Van Gend criterion is that the provision should not be subject to any further implanting measures on the part of either the EC or the national authority. The third criterion appears to be liberally applied as can be observed in one case4 where based on the wording of the Treaty, it had bee n anticipated that the EC would have to enact secondary legislation before the objectives contained in Article 43 would provide rights to individuals. However, the ECJ declared the provision to be directly effective ratiocinating that to do otherwise could result in individuals being denied their rights under EC law. In the given problem, it is clear that all the three conditions of the Van Gend criteria are present. First, the provision of the Directive in question is "sufficiently clear and precise" by Defrenne v Sabena standards. The Directive is clear that owners of animals may be compensated from a fund be set up for the purpose of compensating owners whose animals are slaughtered pursuant to the Directive. Second, the provision in the Directive is not conditional. The right to be compensated for animals being slaughtered is not dependent upon the judgment and discretion of an independent body. Finally, the third Van Gend criterion has been complied in the given problem because the Directive is not anymore subject to any further implanting measures on the part of either the EC or the national authority. Be that as it may, the third criterion had been liberally applied because to do otherwise would produce an anomalous result where individuals can be denied of their rights under the EC law. A corollary issue in the given problem is whether the Directive as such may be directly effective. A negative answer to the issue means that James and Neil are without any recourse under the Directive. Article 249 EC provides that: "A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods." Directives are therefore not directly effective as directives require implementation into national law and as such, directives do not appear to provide rights to individuals until they are incorporated by way of national legislation although directives do place obligations upon member states. However, in another case,5 the ECJ ruled that a directive maybe given direct effect it imposes an obligation to achieve a required result. Furthermore,