Wednesday, May 6, 2020
The Man We Now Call The President Of The United States,
The man we now call the president of the United States, Donald J Trump has recently made comments about decisions that might happen in this country. The disturbing comments has affected many families emotionally, mentally, and physically especially our families who are illegal immigrants. The new president has made accusations of deporting all illegal immigrants in this country, including our younger generation of immigrants who immigrated to this country as children by the decision of their parents, the younger generation of immigrants are also known as our dreamers, DACA students. The article, ââ¬Å"Rethinking Immigration Reformâ⬠written by Mike Coffman a Republican who represents Coloradoââ¬â¢s 6th Congressional District, argues that theâ⬠¦show more contentâ⬠¦Possible solutions to this problem, Coffman suggests, includes statistics about our immigration problem with adult immigrants, visual pictures, and his thoughts and opinions about his argument. Throughout his piece, Coffman uses strong informative facts that strengthen his credibility and shows a variety of pathos, ethos, and logos, as well as build his argument. The article begins with Coffman appealing to pathos, this includes stating a personal story and experience that he went through that led him to his argument. Coffman begins discussing his pathos by stating, ââ¬Å"The story of one young student in Aurora is one I will never forget. Monica Carreta wanted to go to the U.S Naval Academy. She had just graduated at the top of her class â⬠¦ she had all of the right attributes for a competitive application. There was one problem. Monica was not U.S citizenâ⬠¦ Monica grew up here, went to school here, and considers herself a loyal patriotic Americanâ⬠(Coffman). The author does a good job with beginning his article with showing pathos to catch the readerââ¬â¢s attention and rightShow MoreRelatedThe Benefits Of Globalization1525 Words à |à 7 Pagesââ¬Å" It has been said that arguing against globalization is like arguing against the laws of gravityâ⬠(Kofi Annan, Former Secretary General of the United Nations). Globalization has had and will continue to have a lasting impact on our modern every-day lives. While some United States citizens may not even be able to locate Beijing, China on a map, they sure do purchase many goods that were made there. Globalization is a concept with many meanings and interpretations that have made many people very confusedRead MoreEssay about President John F. Kennedyà ´s Man on the Moon Challenge996 Words à |à 4 PagesIn 1961, the United States of America was embroiled in the Cold War with the Soviet Union. This confrontation was taking place not only on land, sea and air, but in space as well. On May 25th, 1961 recently elected US President John F. Kennedy addressed a joint session of Congress, during which he outlined his now famous Man on the Moon challenge. It was through this ambitious dream that the creation of the National Aeronautical Space Administration (NASA) came about, which President Kennedy challengedRead MoreComparison Of John F Kennedy Inaugural Address999 Words à |à 4 Pages The Inauguration of President John F. Kennedy and the Farewell Address to the Nation by President Ronald Reagan share similar tones when addressing the American people. As one President enters the white house and the other leaves, both men share their admiration, strength, and compassion that the American people share when working together. The Farewell Address and the Inauguration were two of the most memorable speeches of all time. It is as though both men were speaking to the public as if theyRead MorePresident Kennedy Of The United States1245 Words à |à 5 Pages The date was January 20, 1961, it was brutally cold, the highest temperature at 20 degrees Fahrenheit, and there were over 20,000 people gathered to observe one of the most iconic speeches in U.S. HISTORY. John F. Kennedy now President Kennedy of the United States of America stepped up to the podium ready to address the nation as the youngest ever to be elected. He came into office at height of the Cold War, and the one thing on people s minds was the fear of a nuclear war occurring and communismRead MoreOn The Date Of January 20,2017, As We Introduced Our New1533 Words à |à 7 PagesOn the date of Jan uary 20,2017, as we introduced our new President, for some odd reason while walking the through campus it was quite and there were many depressed faces. For the last eight years, we had a leader that instilled the thought of ââ¬Å"changeâ⬠into the minds of civilians across the United States of America. Especially of the minds of minorities who was looking to turn over a new leaf. President Barrack Obama was our 44th President and he took over in a time that our economy was at its lowestRead MoreRacism : Old Age Issue Of Racism1313 Words à |à 6 Pages In this Fast paced, new age, I need to get it right now society, there still exist the slow, old age issue of Racism. Racism as defined by Merriam Webster is the belief that certain races of people are by birth and nature superior to others; discrimination or hatred based on race. Why is racism a problem for us all. For me, it is self evident, I am a young black male. For you itââ¬â¢s?____________. It wonââ¬â¢t matter how successful I may become in life, I will still be judged by the color of my skin andRead MoreJohn F. Kennedy s Speech1243 Words à |à 5 PagesBeing the youngest president elected and inheriting a war amounted to a lot of pressure alone for John F. Kennedy. Many have questioned if John F. Kennedy was the man to lead the country. In order to answer that question he gave a memorable inaugural address to make his critiques rethink their doubts. Kennedyââ¬â¢s speech is known as one of the most powerful speeches because of his of rhetorical strategies. Of course being the youngest president thereââ¬â¢s a ton of pressure on Kennedy but with all theRead MoreGeorge Washington: Greatest President Essay776 Words à |à 4 Pageswas the one president who really did our country justice. Who was the one president who, out of all forty-two, beats everyone and takes the gold for best president in the history of American presidents? Not everyone who agrees with these thoughts is going to agree with the answer each other gives. However, I bet many of those same people would argue that George Washington was the best president out of all of them. There are many more reasons to why George Washington is the best president to ever comeRead MoreOn March 28, 1834, A Storm Arrived The United States Took1673 Words à |à 7 PagesOn March 28, 1834, a storm arrived The United States took an unpresented action but it has never been repeated. Political war was a downpour in Washington, a war against the Democratic Party and the Whig Party when the Senate decided that taking ten weeks to deliberate on what ended as one paragraph was a good idea, it was just too important to ignore. Through, this single message these lawmakers wanted to send a message to the President of the United States or ââ¬ËCaesarââ¬â¢ as some were calling him, heRead More Nuclear Proliferation Essay1510 Words à |à 7 Pagesfarewell address to the nation, he stated, ââ¬Å"We shall more certainly preserve peace when it is well understood that we are prepared for war,â⬠(Political Quotations #3719). The United States has always throughout history been a major military power from the use of abnormal tactics during the Revolutionary War (1776) to the use of its technology and advanced weapons in the Persian Gulf War (1991). After World War II and the Cold War Era, the United States has been able to defend its citizens from any
Tuesday, May 5, 2020
School uniforms is violation of civil rights free essay sample
Throughout the years students hated the fact that they had to wear uniforms for school and they couldnââ¬â¢t wear their usually clothing like they normally do every day. Every day studentââ¬â¢s complain about the uniforms lack of design and style. Kids around the world should have the right to vote if they approve on school uniforms or not. Young people often express their feelings through clothing that they wear. Uniforms will take away this form of expression, and also why should school districts try to make everyone look the same. A school uniform policy interferes a studentââ¬â¢s freedom of choice. Schools teach students that our country is a free country, but when school boards make students wear what they tell them too it curtails the studentââ¬â¢s freedom. Thereââ¬â¢s an issue of cost for uniforms. Many parents shop for their kids clothes at stores. Uniforms can be a bit pricy for families might not be able to afford. We will write a custom essay sample on School uniforms is violation of civil rights or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Students would need to buy additional clothing to wear after school and on the weekends. Thatââ¬â¢s double the amount of money a family would spend than they would without the uniforms. Another reason is School uniforms arenââ¬â¢t comfortable, students enjoy wearing comfortable clothing to school. School uniforms is violation of civil rights I. School uniforms shouldnââ¬â¢t be allowed A. By wearing school uniforms you are not able to express yourself an as individual. Students feel more freely if they donââ¬â¢t wear what they are told to wear. Another reason is that kids donââ¬â¢t like the uniforms is because the lack of style, dual, boring, and pricy. You look just like your peers, and you have to wear the same thing to school, day in day out. For someone who moves around a lot buying uniforms all the time can be very costly. B. I believe that there shouldnââ¬â¢t be rules about what you wear at public schools. My opinion is if you are in a business that requires uniforms and your agree to it, and then you accepted the job under those terms. The same rules of thumb applies with schools regulations like for example your clothes are causing concern or attention because your skirt is too short or your shirt has suggestive things written on it, such as sexual, illegal activities, etc. Then your being told to change clothes because there inappropriate. One last reason is students need to be comfortable and happy so that they may learn and enjoy their learning environment. C. Everyone should not be forced to be the same thing because if people were to wear school uniforms the school will look bold and boring like a prison where everyone has to wear the same thing. If the faculty has a problem with the way you dress tell them to go buy your clothes. Because most teens do buy their own clothes if they bought them they should be able to wear them when they please. II. Mandating school uniforms is a violation A. Making students to wear a school uniform is a violation of freedom of choice. The schools dominating over this part of the students life is completely out of place, as it violates the studentââ¬â¢s choice. Studentââ¬â¢s should have the right, and to hopefully always will, to choose what to wear. This right (freedom of choice) is written out in our bill of rights and the school has no place to mess-up these rights. What one wears should be up to the person to decide. B. Also, uniforms are costly, and this money comes out of the stateââ¬â¢s taxpayerââ¬â¢s dollars. People would want to pay as little as possible in taxes, as all the money given to the government is given at opportunity cost. If the entire public school students nation wide were to have these uniforms bought, at the expense of the state no doubt tax required from tax payers would go up. Honestly are uniforms really that simple? What is simpler? Having only one pair of jeans and a T- shirt ready to put on in the morning, or a school uniform? C. Changing a school uniform program by itself makes an idea that simply changing what students wear will make a difference in their behavior. Most students do have another set of clothing, next to their uniforms. When they go out shopping or sightseeing uniforms take more time, because a student changes from uniform into normal clothes each day. Those who like to give it a thought spent hours in front of a mirror, and those who donââ¬â¢t want to spend time on what to wear can just grab whatââ¬â¢s there. III. Why I disagree on school uniforms A. Its waste of money. Also, some parents argue about school uniforms that they do not have to buy many clothes for their kids who save them time and money. Many kids will have plain clothes next to their school uniforms. The idea of a school uniform is that students wear the uniform at school, but do not wear the uniform, say a party or other events outside of school. This would mean kids will need double set of clothing. B. You should have the right to wear what you want. Many schools donââ¬â¢t have that kind of freedom. In some schools with uniforms, teachers are constantly checking if students are dressed correctly in uniform, if youââ¬â¢re wearing slippers or high heels etc. Uniforms make students focus on all kinds of other things, and students will seen to become more of an individual by wearing all kinds of gadgets and carrying expensive phones, watches, sunglasses, calculators, book bags, etc. Uniforms do not make things simpler, they deny students their rights, which complicates many things. C. School uniforms make laundry simple. Normal clothes dry much quicker. Also, uniforms must remain exactly the same color. School uniforms are made of polycotton witch I recently looked up. If they were made of pure cotton, they would face after a few washings and there would be color differences between the uniforms of various pupils, which does against the very idea of uniformity. Polycotton is a very hot material, which is a problem towards hot climates. Kids tend to play a lot in the mud, grass, sand etc. Conclusion: So in my conclusion school uniforms are in a way that is very unique and different, but what is really the reason that students should have to wear them. The united states are supposed to be a country of freedom and individuality. Each and every person in the world is different, and making a people dress the same they cannot express themselves fairly they way that they would like to. It is sensible for schools to be able to make dress codes, but telling students they have to all dress the same is absolutely ridiculous. Having school uniforms is not necessary and there are many reasons to prove why schools should not make their students wear uniforms. I understand that many schools around the nation wear uniforms for good reason. Such as if kids could not purchase enough clothes normally. I completely respect that and the schools which choose to do so. However, I do strongly believe that kids have the right to wear whatever they want to school as long as it is appropriate. Just by having a school uniform doesnââ¬â¢t mean youââ¬â¢re enrolling in that school like for say, an intruder could easily go to a local store buy a uniform and come in the school just like everyone else. Whatââ¬â¢s so hard about wearing a pair of jeans and a plain T-shirt I mean school uniforms are a big waste of money because having to buy one set of clothing then having to wear it every day from the beginning of school towards the end, and then the same thing as next year . . . You donââ¬â¢t want to really look the same every single day.
Tuesday, April 14, 2020
A Significant Influence free essay sample
I carried your typical acoustic guitar. Wooded. Steel strings. Anyone could recognize its sound. But as I cautiously wandered into the studio for the first time, the sound I heard wasnââ¬â¢t so recognizable. My teacherââ¬â¢s guitar was shaped similarly to mine, but it wasnââ¬â¢t the same. The sound it produced was much different. More relaxing and melodic. My curiosity for his style continued to grow as he continued to demonstrate for me week after week. After several months of studying and answering my never-ending questions, my teacher took me to his senior recital at UW-Milwaukeeââ¬â¢s Peck School of the Arts. The small, crowded hall was intimidating. I started to sit near the back, not to disrupt anyone else, but he wouldnââ¬â¢t allow it. ââ¬Å"Sit right here.â⬠He pointed to an empty seat in the front row. Dead center. But before I could say anything, he disappeared backstage, soon to reappear with his instrument. We will write a custom essay sample on A Significant Influence or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I sat for two hours, unaware of anything else around me. He performed everything from Bach to folk songs to traditional Spanish ballads. There was so much more to a guitar than strumming chords to your favorite song. As if he hadnââ¬â¢t given me enough already, he proudly dropped a small book of music into my arms after the recital. ââ¬Å"Now itââ¬â¢s your turn,â⬠he said. ââ¬Å"You have a performance at the studio in exactly two weeks. Start working!â⬠At that time, I thought learning a whole piece was impossible. Two weeks was nothing. Scared of failing to play my piece well enough, I practiced for two or three hours every day. But I learned not everything comes easy. I learned practice takes time and improvement takes practice. ââ¬Å"Learn music with patience. The experience is worth a lifetime.â⬠Thatââ¬â¢s what he constantly told me. Thatââ¬â¢s what I learned from Mr. Miller.
Thursday, March 12, 2020
Speech Analysis of Richard Nixons First Inaugural Address Essays
Speech Analysis of Richard Nixons First Inaugural Address Essays Speech Analysis of Richard Nixons First Inaugural Address Paper Speech Analysis of Richard Nixons First Inaugural Address Paper Speech Analysis of Richard Nixonââ¬â¢s First Inaugural Address 1: The communication was a speech delivered at the White House for Nixonââ¬â¢s presidential inauguration. 2: January 20th, 1969. 3: Richard Nixon, President of the United States 4: The audience was the American people and other nations that had a relationship with the United States. 5: ââ¬Å"The greatest honor history can bestow is the title of peacemaker. This honor now beckons Americathe chance to help lead the world at last out of the valley of turmoil, and onto that high ground of peace that man has dreamed of since the dawn of civilization. If we succeed, generations to come will say of us now living that we mastered our moment, that we helped make the world safe for mankind. This is our summons to greatness. I believe the American people are ready to answer this call. â⬠Nixonââ¬â¢s inaugural speech highlighted ending the Vietnam war and closing the Cold War in order to make the world a more secure place. This speech opened Nixonââ¬â¢s presidency as well as opened his foreign policy and goals for his administration. : The importance of this speech is that it shows what Nixonââ¬â¢s ideals were for the nation, that he focused on lofty goals that were clearly influenced by Cold War era thinking and the Vietnam war. The speech also portrays Nixonââ¬â¢s skills as a politician and someone who was aware of the nationââ¬â¢s concerns and knew how to settle those concerns. It also followed the tradition of inaugural speeches of promising a lot of things and being inspiring and hopeful. : It was written to ope n Nixonââ¬â¢s presidency, and to set the tone for his tenure as well as the direction the United States would take in regards to foreign relations. 8: A lot of the United Statesââ¬â¢ concerns were involved in Vietnam and ending the unpopular war. And it was a popular belief that government was playing too big of a role in peopleââ¬â¢s lives, which he addresses when he points out that government has spent more money and run more programs than ever before. He says that to improve the country every individual needs to be involved instead of just government bureaucracies. 9: In the entire speech Nixon hints that ending the Vietnam war would bring peace to the world and that national morale would improve, but how could ending one war in one country improve foreign relations so substantially? Did he really think that ending the war in Vietnam would make the world noticeably more peaceful, or did he mean just the United States and Vietnam?
Monday, February 24, 2020
Is Genetic Modification of Foods Good Essay Example | Topics and Well Written Essays - 750 words
Is Genetic Modification of Foods Good - Essay Example They are a wave for the future since they provide an alternative that helps in increasing food production. However, much concern has been brought to light by farmers, citizens and scientists on the conduct of research and merits of genetically modified foods. They benefit humankind, animals and their environment. Genetic modified foods have increased food security in the growing population. In the environment, they provide a friendly environment by repelling bio herbicides and bio insecticides. They conserve water, soil and energy by reduction of irrigation and solar energy. Due to their ability to grow and mature fast, they give food security during times of hunger and food shortage. They facilitate growth in both animals and crops. In crops, they enhance quality and taste, this by increasing its nutrient content and maturity of the crop. They reduce maturation time, by speeding up the growth period. They improve the resistance to pests, diseases and herbicides affecting growth of p lants. In animals, they facilitate better yield of eggs, milk and meat by providing animals with the required nutrient for their productivity. They improve diagnostic methods of handling animals and promote health by ensuring constant supply of animal feeds with the required nutrients. ... microbes in soil), unintended shift of transgenics by means of cross-pollution, and loss of fauna and flora biodiversity (Eugene and Santaniello 102). Genetically modified foods affect ethics, access and intellectual property by violating intrinsic values of natural organisms by changing their metabolism and meddling with nature through genes mixing. They stress animals by objecting to consume their genes in plants and vice versa. In access of property there is unethical practices as modified food production is dominated by a few organizations thus it increases dependence on industrialized foods by many developing countries. This leads to exploitation of developing countries and their natural resources by foreign nations. They pose the danger of mixing different metabolisms that result to food poisoning, once different substances have been mixed, it may result in early expiry of the product, which may affect the health of an individual. Combination of different enzymes results in rea ction of foodstuff in the human body, whose result may be unknown even to the researchers (Eugene and Santaniello 112). In an article by Jones he asks, ââ¬Å"Does the human race really need genetically modified food?â⬠, given that in the field of agriculture, small biodiversity farms are actually productive and the food produced is healthy for human consumption (Simmons 62). He argues that people should use food produced from farms rather than the modified food, which pose dangers to the human health. Politics and economics at all levels have often prohibited food from getting to hungry people, not a deficit in production. These similar causes have also contributed to a lot of poverty, which prevents citizensââ¬â¢ ability to meet
Saturday, February 8, 2020
E-loyalty and Customer relationship management Essay
E-loyalty and Customer relationship management - Essay Example Some sole proprietors use online programs in targeting nationwide and global customers by using accurate information regarding the business and the use consumer programs such as credit card reward programs as a strategy in keeping their loyal customers satisfied. It is common that these reward systems are tailored according to the needs and expectations of the customers. Business-to-business (B2B) or e-biz is an effective tool in the exchange of products, services, and information between business and consumers. Over the years, B2B has proven to be very effective in closing business transactions between the business owner and the customers. According to a study that was published back in early 2000, the profitability of using B2B has exceeded the ââ¬Ëe-tailingââ¬â¢ by 10 to 1% and is expected to have an annual growth of 41% over the next few years. (Jones, 2001) Customer Relationship Management (CRM) is a ââ¬Ësoftwareââ¬â¢ that helps a business organization in managing its customers better. (Walsh, 2007) CRM software enables the sales people and service representatives to have a quick access over the information related to the customers. This allows the sales force of the company to immediately provide the customers with a more customized service according to the customersââ¬â¢ needs regarding the products and services the business is offering. (Williams, 2006) According to Kumar and Reinartz (2006), CRM is defined as a strategic process of selecting the customers a firm can most profitably serve. It is also capable of shaping the interactions between a company and these customers with the goal of optimising the current and future value of the customers for the company. (Kumar and Reinartz 2006, 6) Based on the definition, CRM is a process of enterprise-wide that has the potential to affect decisions related to marketing communications, pricing, customisation of products and services, resource allocation across different customers
Wednesday, January 29, 2020
Constitutional Law of the European Union Essay Example for Free
Constitutional Law of the European Union Essay The European Court of Justice is the driving force behind European integration. The ECJ had elaborately defined the doctrines of supremacy and direct effect of the EC Law and provided remedies for damages caused by breach of EC Law by a Member State . Despite the initiatives of the ECJ, there have been conflicts between Community law and national law. Moreover, the ECJ made it clear that the EC law had supremacy over national law in the event of conflict as evidenced in the case of Costa v ENEL, wherein it held that a preliminary ruling by the Italian courts based on their national law would be of no significance. In Simmenthal, the ECJ clarified that the Community law was to take precedence over national law and that any provision of the national law that contravened the Community Law would be rescinded by it. Moreover, the ECJ prohibited the implementation of any national law that was in conflict with the Community law. The ECJ further ruled that no fundamental provision of any national law could challenge the supremacy of a directly applicable Community rule . This supremacy of Community law is one of the constitutive principles of the integration of the European Community legal order and it has been well embedded in the Treaty that established a Constitution for the European Union. The doctrine of supremacy of Community law, the principles of direct effect and uniform applicability are the primary ingredients of the Community. They are fundamental to the promotion of an effective Community legal order and form the unseen pillars of the European Constitution. Further, the doctrine of supremacy is the actual concrete personification of this constitutional power . The national constitutional courts of Member States found it very difficult to adopt the doctrine of supremacy and in the initial stages the Italian and German constitutional courts almost refused to adopt this doctrine into their respective national legislations, because they felt that they would be surrendering their power of constitutional review of secondary community law. Subsequently, the enlargement of the European Union provided a new paradigm to this doctrine of supremacy. This doctrine of supremacy was enforced by the ECJ in Costa v ENEL . This doctrine is a jurisprudential creation of the ECJ. Further, the Court clarified that the EEC Treaty had adopted a new legal system, which the Member States had integrated into their national legislation. Accordingly, the national courts were required to apply the Community law without any deviation and this generated a number of debates in the Member States. Ultimately, it was accepted by the Member States. However, total supremacy over the national constitutional provisions has not been achieved . In Frontini the Italian Constitutional Court had opined that the 1957 Act, which had accepted the provisions of the EEC Treaty, did not breach the Constitution. Moreover, the Italian court reserved to itself the right to review the continuing compatibility of the Treaty with the Constitution . In another case the Italian Constitutional Court, while accepting the precedence of Community law, maintained that the court had competence over any aspect of the relationship between Community law and municipal law . These decisions clearly established that the national constitutional courts had not completely accepted the supremacy of Community law. The German Constitutional Courts voiced their concern over the protection of fundamental rights in the decisions given in Solange I and II and introduced the concept of Kompetenz ââ¬â Kompetenze. Even in the Banana case the German constitutional Court declined to give up its power to review secondary community legislation in order to protect fundamental rights . In the United Kingdom this doctrine created several problems, because the UK constitution bestows absolute power on Parliament. Further, the UK ratified a dualist policy concerning the relationship between international treaties and national law. Although such treaties were signed by the UK, they were not incorporated into the domestic law of the UK. In order to incorporate the treaties into national laws, the Parliament had to ratify them and this resulted in a problem in respect of accepting the doctrine of supremacy of Community law over national law. In the famous Factortame case the concept of the supremacy of Community law was subjected to a vast amount of discussion. In that case Spanish fishermen had argued that the norms for registering vessels under the Merchant Shipping Act 1988 were discriminatory and in conflict with the provisions of the EC Treaty. The House of Lords refused to grant any interim injunction against the Crown. The applicants in this case claimed that this would violate the Community law and the result was that a reference was made to the ECJ, which ruled in favour of these applicants. The ECJ further held that any piece of legislation in the national law that prevented a court from issuing interim relief would be tantamount to the violation of the Community law . The EOC case dealt with the suitability of the UK statute regarding unfair dismissal and redundancy pay in the broader context of the EC law . The UK law provided different benefits to employees working in full ââ¬âtime and part ââ¬â time jobs. The appellant in the case, the Equal Opportunities Commission, opined that the statute was discriminating against female employees, which was in contravention of Article 141 of the EC Treaty and to other Community directives. The House of Lords held that the national legislation had violated the EC law and upheld the contention of the EOC. The approach of the European Court of Justice is at variance with the customary doctrine of precedent that is entrenched in domestic law. The objective of the ECJ is to bring about a European Union that follows the same law throughout its Member States and to this end it constantly endeavours to promote the EC Treaty. This could result in a change in the interpretation of legal principle over a period of time. Moreover, the ECJ bases its decisions on the extant circumstances and not on precedent. National courts of Member States in the European Union can obtain a preliminary ruling regarding the interpretation of European Union Law from the ECJ on the basis of the provisions inherent in Article 234 of the EC Treaty. However, it is not the primary objective of the ECJ to take decisions regarding the compatibility between the domestic and European laws. Further, it is also not the primary aim of the ECJ to apply the European Union Law to some specific facts of a case . The ECJ indicates the principle to be applied in a particular case and the case will have to be decided in the originating court, however, the ECJ ruling will have to be implemented by such a court. In the absence of an appeal from a national court, a reference will have to be made by the originating court, in case it is of the opinion that a clarification in respect of European Union Law is required. Nevertheless, there are instances where an ET, EAT or Appellate Court has to make a reference to the ECJ in order to pronounce judgement that is in accordance with the EU law. The function of the advocates general is to aid the judges in their judicial work. They do this by submitting analyses and recommendations regarding the issues raised in a particular case . In addition to the rights conferred on the nationals of the EU Member States by their respective national constitutions, the EU law comprises of another source that grants rights to them. As such the European Union law constitutes a legal system that in addition to being independent also, perhaps more importantly, takes precedence over the national laws of the Member States of the European Union. This European Union law comprises of treaties, which constitute primary legislation and regulations and directives that constitute secondary legislation. The importance of regulations is that they directly require compliance from the Member States without having to be codified into the national laws. However, in respect of the Directives, which are also legally binding, the onus of implementing them rests squarely with the Member States and these Member States have to do so by resorting to the relevant national law legislation on or before the final date set by the EU for such implementation. Accordingly, Article 189 of the European Economic Treaty states that ââ¬Å"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. The European Court of Justice, subsequent to taking cognizance of the fact that Directives have to be implemented by the Member States, declared that individuals were well within their rights to ensure the implementation of Directives even in the event of failure by the Member States to meet the deadline set by the EU. In addition, individuals were permitted to enforce such rights in the national courts. The Van Gend en Loos decision unequivocally established the fact that in addition to creating obligations for the Member States to implement the Directives it also creates rights for the individual citizens of these Member States . The right of the Member States and the European Commission to proceed against other Member States before the European Court of Justice does not prohibit the lodging of complaints by individuals against the Member State to which they belong in their national courts. In this context, the European Court of Justice ruled that Article 12 of the EEC results in direct effect, which in turn result in the creation of rights for individuals and that these rights had to perforce protected by the national courts. Consequently, individuals have been empowered to ensure that rights granted by the Directives are enforced in the national courts . The offshoot of this is that individuals can ensure the implementation of human rights by resorting to legal action. In the Becker case it was clarified that if there is unconditionality and adequate precision in the provisions of a Directive that bestows individual rights, then individuals can resort to such provisions to contest the relevant national law . Furthermore, in the Francovich case the European Court of Justice established a test in three parts, which was to be utilized in order to ascertain whether the provisions that were inherent in a Directive, were sufficiently precise and unconditional in creating a right that was applicable to individuals. The ECJ has to consider the identity of the persons who are supported by the guarantee and the content of the guarantee. The identity of the person in breach and who is liable to pay the guarantee has also to be ascertained. Private persons and institutes cannot be subjected to the provisions of the Directives, because it is only the state that is subject to the Directives. The decision in the case of Francovich served to establish that damages could be claimed by an individual in a national court, in the event of a Member Stateââ¬â¢s failure to implement a Directive properly. The ECJ clarified that the spirit of the European law and the protection of rights would become ineffective if an individual failed to secure compensation. Moreover, the States are required to implement Directives wholly and properly. The ECJ decided in Brasserie du Pecheur v. Germany that there must be a sufficiently serious breach by the State in order to determine its liability. This dictum applies to situations where national legislation is implemented improperly and inconsistently with a Directive. In order to determine whether Community law was breached with sufficient seriousness, it is sufficient to demonstrate that the Member State or Community institution had seriously and knowingly ignored the limits to its discretionary power. Some of the factors that the court has to consider are the exactitude and clarity of the rule that was breached, the amount of discretion allowed to the national or Community authorities, whether the damage caused was intentional or not and whether there had been any adoption or rejection of measures that were in violation of the Community law . Member States for whom the Directives are specifically issued should be bound by them. Sometimes Directives can be addressed to one Member State or a group of them, but in general Directives are addressed to all the Member States. The exception to this practice is in respect of Directives that pertain to Common Agricultural Policy. The European Commission initiates a binding legal action in situations where a Member State fails to incorporate the provisions of a Directive into their national legislation or if the national legislation fails to properly fulfill the requirements of the Directive. Previously, the Directives were not adequately binding upon the Member States in their implementation. To address this problem, the ECJ promoted the doctrine of direct effect. Thus even if a Member States fails implement the Directives there is legal initiation under the principle of direct effect. This was clearly established in the case of Francovich v Italy. In that case, the ECJ attributed liability to Italy for its failure to implement a Directive. The Easytalk was a private limited company that had been formed with help from the UK government. It was established in order to encourage students in the EU to come to the UK in order to learn English. This company advertised all over the EU universities by means of pamphlets, in which it was stated that the course instructors would be highly qualified scholars in English with a great deal of teaching experience. A Directive was issued by the EU that prohibited the issuance of advertisements that misled and imparted false information. This Directive was to be implemented by January 2007. However, the UK government failed to implement this Directive by this deadline and in effect this Directive had been ignored by the UK government, because the latter was of the opinion that this Directive was unlawful. Subsequently, a French student, Antoine came to the UK and registered for a course that taught English. However, once the classes commenced, Antoine realized that the faculty comprised of students who were not qualified teachers of English as a foreign language. On being approached, the institute where he had enrolled refused to refund the fees paid by him. The direct effect of directives has been restrained by the concepts of vertical and horizontal effect. Van Duyn and Ratti affirmed that directives only have vertical effect so that an individual who is affected by the statesââ¬â¢ failure to implement a directive properly or not at all only has rights against the state and not against a non-state entity or other individuals, as the directive imposes the obligation of implementation upon the state. Therefore a horizontal limitation was placed upon the scope of the direct effect of directives. This principle was addressed in Marshall v Southampton and South West Hampshire Health Authority , in which the applicant who was employed by the Health authority, was required to retire at the age of sixty ââ¬â two years, while men doing the same work did not have to retire until the age of sixty ââ¬â five years. Although under national law, by virtue of the Sex Discrimination Act, this was not discriminatory, she succeeded in her claim for unfair dismissal by relying on the Equal Treatment directive, which had not been implemented in the UK. This directive was sufficiently clear to have direct effect but the courts took the opportunity to confirm that a directive may not of itself impose obligations on an individual and that a provision may not be relied upon as such against such a person. Therefore since the health authority was an organ of the state, the directive had vertical direct effect. Since the respondent in this problem is a private limited company, the claimant cannot approach the Commission under the vertical direct effect. However, he can seek justice under the EU law by resorting to the procedure of indirect effect. Since, the UK government had not implemented the Directive; the claimant can approach the national courts of the UK to compel the government to apply the Directive. In respect of damages, the ECJ further held in R v H. M. Treasury, ex parte British Telecommunications plc that parties who had sustained loss as a result of incorrect implementation of a directive by a state, could claim damages for the loss sustained on such an account. In contrast to this, if a state has failed to fulfill its obligations regarding Directives, whether by non-implementation or incorrect implementation, an individual cannot request invocation of the horizontal direct effect of a directive against another individual. Similarly the effectiveness of non-implemented or incorrectly-implemented directives that do not have direct effect through the horizontal limitation has been enhanced through the doctrine of indirect effect, which emerged from Von Colson . In this case the ECJ held that national courts are required to interpret their national law in light of the wording and the purpose of the directive so that the directive is given some effect despite the absence of proper domestic implementation. This principle may be used under two circumstances; first, where the defendant is a state entity but a directive is not vertically directly effective as its provisions are insufficiently precise, conditional and require further state action for their implementation. Second, the provisions of a directive could be indirectly enforced against a non-state entity i. e. it could be applied horizontally as between individuals. The court was confronted with a ââ¬Ëhorizontalââ¬â¢ situation in Marleasing , in which this position was confirmed. Therefore, if national law was in existence that could be read in conformity with a non-implemented directive, then an individual could enforce a legal remedy against another individual through the interpretative route without seeking to enforce the directive directly and encountering the barrier to horizontal effect. In respect of the Easytalk institute the claimant can file a case for breach of contract and false representation in the UK courts in order to obtain redressal for the loss, damage and frustration caused to him. The question arises as to whether the aggrieved individuals can claim damages against the state in the national courts. The ECJ clarified that the state had to pay compensation for the damages caused due to non ââ¬â implementation of a Directive and that the conditions laid down for such claim of damages must not be less reasonable than what was specified for a domestic claim. Furthermore, the Member State should not unduly complicate the claim process.
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