lawgrad49 wrote: » I'm in the same boat, all topics above and going to look at Equality now. I tried to have a look at Art 101/102 today and just know I wouldn't remember all the case law in time!
Lawgrad101 wrote: » Yeah there is
keelfe1s wrote: » Does anyone know if there is a clock in exam hall??
JCormac wrote: » Also, these two sittings have seemed particularly soul-destroying/draining compared to other sittings :pac:
iamanengine wrote: » Think I'm gunna have to just leave Competition to the side and hope I still get 5 Q's, I don't know it at alllllll Going in with this: Institutions Sources General Principles Judicial Review Direct Effect/MS Liability Citizenship FMOG FMOW Equality
Healyjhow wrote: » Eu institutions/ legislative procedures General principles Judicial review Competition law art 101/102 Direct effect of directives/ MS liability FMOG art 30/34/36 and 110 Anything major that I should try include alongside these topics ..
donners87 wrote: » Why did it start late?? and where did you sit it?
Aoibhin511 wrote: » Am I correct in saying that the only way judicial review comes up is the standing rules for non-privileged applicants?
Healyjhow wrote: » I think this question centers around the indirect effect of directives I would hazard a guess that I would go through art 288 and the usual Reyners test clear and unambiguous, unconditional and leave nor room for discretion of implementation. Then discuss case law such a law Van Duyn/Ratti/Marshall/Recreb and foster and then move to looking at the indirect effect of directives which ensures national courts to interpret domestic legislation in accordance with the wording of directives where conflict exists - then talk about the ruling of van colson/mar leasing and then I would advise Liam that he in accordance with previous case law he should be able to rely on the indirect effect of this directive at a national level when taking action against his neighbour even though Ireland has failed to transpose the directive correctly? Would like to here how others would interpret it too if possible
LJones18 wrote: » Would anyone be able to explain what they would advise Liam to do with regards to the March 2020 Q on Direct Effect? EU Directive 2018/444, of 1 April 2018, on harmful pollution from domestic burning introduces a range of measures designed to improve air quality across all Member States in a variety of ways (fictional). While this legislation is primarily aimed at placing limitations on the installation of new domestic coal and wood-burning stoves, Article 4 of Directive 2018/444 also sets out forms of domestic burning which are prohibited. Included in this list, in Article 4(2)(d) is a complete prohibition on the manufacture, sale and use of domestic incinerator bins, used for burning domestic waste. Article 10 of Directive 2018/444 provides that all EU Member States must fully transpose Article 4 of the legislation into national law by 31 March 2019. In Ireland, the Directive was transposed by the Harmful Pollution from Domestic Activities (Amendment) Regulations 2019, SI No 999/2019, which came into effect on 12 June 2019. Regulation 7 of these 2019 Irish Regulations introduces a ban on the manufacture and sale of domestic incinerator bins, but is silent on the use of existing incinerator bins which were already in private ownership before June 2019. Liam, who lives in a housing estate in Wicklow Town, is tormented by the fumes from his next door neighbour’s domestic incinerator bin. His neighbour has been burning all of his domestic waste in this bin for the past 5 years. His neighbour also bought in May 2019, and is now also using, a second incinerator bin. Liam is unable to use his back garden for recreational purposes for drying clothes on his washing line when his neighbour’s bins are in use – which is usually once, but sometimes twice per day. A month ago, one of the bins fell over in high winds while it was lit, setting fire to Liam’s fence and causing extensive damage to his garden shed. His neighbour has so far refused to pay for the damage and refuses to stop using the incinerator bin. Having read an article in a magazine last week about the introduction of the Irish Harmful Pollution from Domestic Activities (Amendment) Regulations 2019, Liam has now approached you, as his solicitor, to see what can be done about his neighbour’s incinerator bins. Advise Liam on the relevance of EU Directive 2018/444 to his dispute with his neighbour, referring to relevant CJEU case law throughout.
BlackhallPlz wrote: » In Q4 October 2018 re Workers/ citizenship, Lola is a TCN living with her French worker boyfriend in Ireland. She’s on a student visa and can only work p/t upto 18 hours a week. She can’t afford PhD fees and you need to decide if she can derive right to social benefits/ student grant. Other part to q is that she’s pregnant and I’m fine on that. My instinct is that even though she’ll be hit by the art 24(2) D2004/38 derogation she can still derive a right through her worker bf through art 18+20 - equal treatment and non- discrim. Would appreciate if anyone could give some guidance? Good karma in it for you!
nmurphy1441 wrote: » If I were to go over one section of competition law in the hope it might come up tomorrow, what section/question should I cover?
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