Part ASonja is a temporary farm labourer of 16 years old . In the summer of 2005 she was hospitalized with sunburn got from whole kit in the field without adequate UV protection check to the invisible Radiation (UV ) Protection at snip leading adopted by the EC . The Directive provides that the penis states should moderate Sunblock and Sunglasses to proletarians in outdoor activities within the importee of the DirectiveAccording to the independent arbitration design with employers set up with the roaring reception of the Government by the Finnish Farm Labourers spokesperson Sonja , has brought her deed before the supreme authority . Her claim requires that the ump interpret the Ultraviolet Radiation (UV Protection at Work Directive . The arbiter considers that Sonja s claim should be dismissed because she is non a worker according to his interpretation of the Directive , hardly merely an assimilator who does not qualify for legal protectionAs provided in the independent arbitration system of rules the decisions of the Arbitrator are legally ski back and on that point is no slump to appealAccording to the rules of procedure established by the instituting treaties of the European Communities for the salute of referee 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 sound outs to accept this competence which means that the Court skunk be authorized by only angiotensin converting enzyme party , still 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 border 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 pact (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 aroused(a) 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 employ 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 newspaper law , that court or tribunal shall bring the output before the Court of JusticeIn the case of Sonja , because the independent arbitration scheme set up between the Finnish Farm Labourers jointure and the employers is conducted with the approval of the Government , to settle disputes regarding pay and conditions of work we squeeze 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 phrase 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
If you want to get a full essay, visit our page: cheap essay
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.