European community law Essay Example | Topics and Well Written Essays - 2000 words

European community law - Essay Example In addition, such compensation had to be made to a person, even if the infringement was the outcome of a decision of the court of last instance. However, the court would be liable, only if the violation was sufficiently serious and a direct causal relationship could be established between the infringement and the harm caused to the injured party (Kobler v Austria). Moreover, the highest national courts act as the court of last resort for individuals to rely on the rights provided by EC law. These courts of final instance are also duty bound to request a preliminary ruling, on the basis of the provisions of Article 234(3) EC. The ECJ, after taking these issues into account has ruled in favour of state liability being extended to judicial infringements. The ECJ rejected the argument that the principles of legal certainty and res iudicata would be affected adversely. It stated that proceedings to make a Member State liable would not have an impact on a national court’s decision a s res iudicata. This opinion of the ECJ was founded on the contention that â€Å"proceedings seeking to render the State liable do not have the same purpose and do not necessarily involve the same parties as the proceedings resulting in the decision which has acquired the status of res iudicata.† (Council of Europe). This line of reasoning of the ECJ was held by some to be specious. Their arguments were based on the premise that the national courts were compelled to reconsider disputed decisions, in order to determine whether such decisions were really infringing EC law (Council of Europe). They were also required to find out the reasoning behind such decisions Individuals can claim against a Member State if it fails to implement a Directive or if its domestic law infringes European Community (EC) Law. In addition, no Member State can enact legislation that attempts to exclude state liability. The misinterpretation of provisions of EC Law will be treated as infringement (Trag hetti del Mediterraneo SpA, in liquidation v Repubblica italiana). Furthermore, the Community law disallows the enactment of legislation that seeks to limit liability to instances of intentional fault and serious misconduct of the courts. Such limitation is in the context of laws that are aimed at circumventing the liability of the Member State in other case, wherein there had been an explicit breach of the relevant law (Traghetti del Mediterraneo SpA, in liquidation v Repubblica italiana). Hence, the competent national courts have to investigate the gravity of the infringement in the decision of a court. Such competent courts have to consider the judicial function of the infringing court and ascertain whether this infringement was obvious. It was also held by the ECJ that conditions, such as the special length-of-service increment under Austrian law, served to hinder the free movement of workers. Any hindrance to the free movement of goods or workers was against the objectives of t he European Union; consequently, the Austrian condition was untenable (Wissink 419). In Brasserie du Pecheur, the ECJ established the concept of state liability. However, there was considerable confusion as to whether such liability was applicable to infringements committed by national courts. The ECJ eliminated this muddled understanding, via its decision in Kobler (Council of Europe). In this case, it ruled that Member States were also liable for breach of EC law by their national judicial authorities. In Kobler, the ECJ clearly established that breach of

Abelard and Heloise of Historia Calamitatum :: Historia Calamitatum Essays

The twelfth century was divided into two phases: Early Middle Ages or Dark Ages and the High Middle Ages. It's during the High Middle Ages when things started to take a turn both mentally and physically. Churches developed more stamina and papal bureaucracy was created. The government was revived. Urbanization increased and most of all a sudden increase was brought in cultural revitalization and courtly love was an important aspect of this awakening. Courtly love is defined as humility, courtesy, adultery and religion of love. This is what I believe Abelards's and Heloise's relationship was based on in Abelard's Historia Calamitatum and his letters to Heloise. Abelard was a well-known figure of the twelfth century that taught dialectic philosophy. Abelard was in his late thirties when he first met Heloise in Paris. And it was her knowledge and gift for writing letters, which was so rare in women at the times that attracted Abelard to her. Heloise was the niece of one of the Cannons. She was about seventeen when she met Abelard; this was not considered a big deal for back then it was pretty common to have big age difference in marriages. Heloise was considered atypical because women were rarely educated at all back then. She was strong willed and she had a pretty good sense of logic and this is what brought them together. Heloise struck a deal with Heloise's uncle to educate her and gained full access to her pleasures. Their relationship encompassed the maximum in personal freedom. "Her studies allowed us to withdraw in private, as love desired and then with our books open before us, more words of our love than of our reading passed between us, and more kissing than teaching. (Radice 67). Later Heloise became pregnant and Abelard could not successfully sidestep the rules of the society because the society of a time just wouldn't accept a premarital sexual affair. I believe Abelard and Heloise got engaged in the first "modern" love affair. Because they enjoyed each other both sexually and intellectually, just as how it's perceived in today's world. Though Heloise's attitude towards marriage and love was quite different from the other women of the twelfth century. She resisted the idea of marriage because she thought it was more of an economical and political idea than real love and that she would rather be called a whore or a mistress instead of a wife.

A Comparative Girl Jamaica Kincaid Analysis of Two Short Stories

The short stories The Yellow Wallpaper by Charlotte Gilman and Girl by Jamaica Kincaid share the common theme of women who are portrayed as frail beings.   In both literary selections, women are depicted as dependent on men and other family members, and who must deal with so many restrictions.Their limitations are deliberately foisted on them by their immediate kin or spouse. On the other hand, the women portrayed in the short stories also hurdle challenges they themselves have created or brought upon themselves.In The Yellow Wallpaper, for example, the author presents the protagonist as weak or on the brink of a nervous breakdown. In the beginning of the story, when the protagonist is brought to a country home, she appears in control of her mental faculties.She even opines, â€Å"Personally, I believe that congenial work, with excitement and change, would do me good† (Gilman, 2008, p. 2).   Her husband, however, confines her to the upper story of the house and prohibits, albeit in his loving and gentle manner, anything that may tax her mentally. The woman’s craving for social interaction and stimulus becomes more pronounced as the days pass, yet she allows her husband to direct all her actions.The woman’s   dismal future is reflected in the way she sees the wallpaper in the house where she is confined to recuperate: â€Å"It is a dull yet lurid orange in some places, a sickly sulphur tint in other† (Gilman, 2008, p. 5).The woman then begins to imagine things and becomes neurotic. This emphasizes how, when placed under repressive circumstances, the fairer gender may fall apart. In an ironic twist at the end of the story, though, the husband’s fainting spell and the woman’s movement of creeping over him denotes that women can have the upper hand over her male counterpart if she wills it.The other literary selection, Girl, Jamaica Kincaid, likewise illustrates how women are expected to follow so many rules and confo rm to what tradition and society dictate. Just like in The Yellow Wallpaper where the main character indicates a feeling of tiredness at being manipulated and repressed,   the protagonist in Girl who is a young girl receiving countless reminders answers back her mother for berating her every move, but ends up being castigated more.In The Yellow Wallpaper, the husband-wife relation is amiable. In fact, the husband has the best intention for his wife, but the worst harm results from it unknowingly sends her spiraling out of control by confining her. In contrast, Girl uses the mother-daughter tandem to illustrate the common practice adopted by most cultures of ingraining good manners, blind obedience, and prescribed roles to female members of the family.In Kincaid’s Girl, the daughter is admonished by her mother to move and behave in ladylike manner. Her movements – from the way she walks and carries herself, to the household chores she is expected to perform, to how to smile to certain people, to reacting to a man’s bullying and even   loving a man – are all dictated to her.Offhand, it is a typical scene of a mother giving numerous pieces of advice to her daughter, but the story presents the parent treating the young girl with a condescending attitude.   The mother keeps interjecting that the girl is bound to become the slut she is â€Å"so bent on becoming† (Kincaid, 2005, p. 257) if the proper rules of conduct and self-control are not followed.In a sense, the mother portrayed in the story is depicted as the judgmental type who does not allow her daughter free creative expression. Kincaid dwells on the singular theme of just how powerless women were centuries ago.Women back then had no voice of their own and were confined to doing traditional tasks like keeping the home neat and orderly and being prim and proper or acting in a refined manner.   In both Girl and The Yellow Wallpaper, the suppressive societal attitude to wards women of a bygone era – who are seen as meek and subservient individuals unable to chart their own destinies – is clearly presented.Upon closer analysis of two different selections, readers find authors employing a variety of creative techniques that help them dissect different perspectives and gain much clearer understanding of the theme and other   key messages.ReferencesGilman, C. (2008). The yellow wallpaper. Forgotten Books. Retrieved May 3, 2010, from http://www.amazon.com/Yellow-Wallpaper-Forgotten-Books/dp/1606802380.Kincaid, J. (2005). Girl.   In   X.J. Kennedy & D. Gioia (Eds.), Backpack literature: an introduction to fiction, poetry & drama (p. 257). Pennsylvania: Pearson/Longman.   

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