Is the above an accurate or adequate account of what the Conflict of Laws is about?

Ouestion 1
“one of the claims for this area of the Law [that is to say, Private International Law or the Conflict
of Laws] is that it seeks to apply where a foreign element is concerned, the system of law that best
meets the requirements of justice”
From what you have learnt so far, is this claim justified?
Question 2
“All the mystery and confusion surrounding the Conflict of Laws is dissipated as soon as you
understand that the subject has to do with the application of foreign law to foreign persons and
Circumstances.
* Use the concept of domicile as you understand it to answer the question above.
Is the above an accurate or adequate account of what the Conflict of Laws is about?

Advise Moe as to the potential grounds upon which he might apply for judicial review against the decision of the Climate Commission and the Secretary of State for the Environment

The Climate Commission was created through the enactment of the Climate Change Act 2021 (fictitious). Section 5 of the Act gives the Climate Commission the power to fine any business operating within the United Kingdom that has a negative impact upon the government’s obligations under the Paris Agreement, where the greenhouse gas emissions for which they are responsible exceed an industry-based target. The Climate Change Act 2021 requires that the Secretary of State for the Environment approves any decision of the Climate Commission before issuing fines to any company.

Duff Beer is a brewery that operates within the UK brewing industry. The brewing industry has managed to keep within its agreed target for greenhouse gas emissions and Duff Beer have complied with their own targets for gas emissions. Moe Szyslak, the President of Duff Beer, learns that the Climate Commission intends to fine Duff Beer for failing to operate within their commitments for limiting the amount of gas emissions released into the air through their brewing operations.

Moe contacts the Climate Commission and sends them an independently audited report of Duff Beer’s greenhouse gas emissions. The report shows that Duff Beer is compliant and is operating within the targets. The report also includes an industry-wide report detailing that the whole brewing industry is compliant with the targets that have been set.

When the Climate Change Act 2021 was debated in Parliament, Moe appeared in television interviews to express his disagreement with the creation of the Climate Commission. He also organised several protests and petitions against the creation of the Climate Commission.

The Climate Commission’s decision to fine Duff Beer is authorised by the Secretary of State for the Environment following her meeting with the Prime Minister who reminds her that tighter control of greenhouse gas emissions was a fundamental principle of current government policy.

Advise Moe as to the potential grounds upon which he might apply for judicial review against the decision of the Climate Commission and the Secretary of State for the Environment

Demonstrate the following knowledge and understanding: In depth knowledge and critical awareness of Aviation law.

The concept of Airspace Sovereignty and the right to fly

Avia2on Law LAW006-3

Learning outcomes

1.Demonstrate the following knowledge and understanding
• In depth knowledge and critical awareness of Aviation law.
2. Demonstrate the following skills and abilities
• Ability to research law from a range of sources, evidence critical analysis of legal principles in
Aviation law, write fluent, logical and complex prose using accurate referencing.

Explain whether Lungani has any grounds under EU Law to challenge the decision to refuse him entry into Spain.

EU Law

Question 1

Michael, an Irish citizen, worked in South Africa for three years. While working there, he married Lungani, a South African national. Michael wanted to return to Ireland, bringing Lungani with him. However, Lungani’s application for a visa was rejected as he did not meet Irish immigration requirements for entry as a spouse of an Irish citizen.

Michael travelled with Lungani to Barcelona, Spain, to look for work there.
However, the Spanish immigration authorities refused to give Lungani a visa to enter the country as Lungani had never previously resided anywhere in the EU.

(a) Explain whether Lungani has any grounds under EU Law to challenge the decision to refuse him entry into Spain.

Assume for this part of the question that Lungani successfully challenged the refusal to allow him to enter Spain. Michael obtained part-time work in a bar and four months later Lungani once again applied for an Irish visa, this time seeking to rely on EU Law. However, this application was also refused. The immigration official dealing with his application told him that that EU Law did not apply to his
application as Michael had worked in Spain simply in an attempt to bypass Irish immigration rules, and so Irish immigration rules alone applied to his application.

(b) Explain whether Lungani has any grounds under EU Law to challenge the decision to refuse him entry to Ireland.
(1000 WORDS)

Explain whether Anastasia has any grounds under EU Law to challenge the requirement to sign the form.

WORKSHOP ACTIVITIES 5

EU Law

Question 1

James met and married his wife, Anastasia, a Honduran national, while on holiday in Barbados. The French authorities have informed him that Anastasia cannot enter France unless she signs a form saying she will leave the country within three months and will not work during her stay.

(a) Explain whether Anastasia has any grounds under EU Law to challenge the requirement to sign the form. Consider in particular the following issues:
(i) her right of entry, including the formalities she has to comply with to gain entry;
(ii) her right of residence; and
(iii) her right to work in France.

(b)(i) Explain how Anastasia’s rights would be affected if she and James separated, but both remained in France.
(b)(ii) Explain how, if at all, your answer to (b)(i) would differ if they separated and James returned to Ireland, leaving Anastasia in France.
(b)(iii) Explain how, if at all, your answer to (b)(ii) would differ if James returned
to Ireland after he and Anastasia had lived in France for six years.

(c) Explain whether Anastasia would have the right of residence in France if she and James were not married, but had lived together for two years.
(1000 WORDS)

Question 2

Assume that James and Anastasia reconcile their differences and decide to move to Cyprus. Cypriot immigration officers refuse to allow Anastasia entry into the country on the following grounds:
(i) she is a member of an active anti-globalisation group; and
(ii) on a previous visit to Cyprus she was convicted of stealing a magazine worth €2 from a newsagent and fined €50.
Explain whether Anastasia has any grounds under EU Law to challenge these reasons for refusing her entry into Cyprus
1000 words

Explain whether the question involves implementing or non-implementing legislation, and whether this distinction is any longer of much significance.

WORKSHOP 2 ADDITIONAL MATERIALS

Analytical model for answering problem questions on this topic.

Workshop 2 includes a problem question covering direct effect, indirect effect and state liability. There now follows a model giving guidance on how to approach a problem in this area. Lawyers in practice would adopt a similar model in advising clients on how to pursue their rights under EU Law.

Model
1. Identify the issue: eg does question relate to non-implementation or faulty implementation of a directive by a Member State?
2. State each basic principle in turn, explain what it means, then apply it to the facts and reach a reasoned conclusion.

(a) Direct effect:
• Define the principle.
• Set out the criteria for the direct effect of directives, see Van Gend and Ratti.
• Apply to the facts: does the directive in question have direct effect?
• Explain that directives have vertical direct effect only.
• Explain the criteria for assessing whether a body is an emanation of the state.
• Apply to the facts: is the potential defendant an emanation of the state?
• Be sure to reach a conclusion; i.e. state whether you think the directive has direct effect and whether the defendant is an emanation of the state.

(b) Indirect effect
• Define the principle.
• Explain whether the question involves implementing or non-implementing legislation, and whether this distinction is any longer of much significance.
• Apply to the facts: is it possible to interpret the national legislation referred
to in the question as consistent with the relevant directive?
• Again, be sure to reach a conclusion; i.e. state whether you think the claimant can rely on indirect effect.

(c) State liability
• Define the principle.
• Set out the Francovich criteria.
• Decide if the reformulated criteria in Factortame (No.4), Brasserie du Pêcheur apply.
• Discuss whether claimant needs to prove a sufficiently serious breach.
• If so, discuss whether there is a sufficiently serious breach based on case law.
• Again, be sure to reach a conclusion; i.e. state whether you think the claimant can rely on state liability
1550 words

How do you interpret these findings or results?Was the outcome positive or negative,expected or unexpected?

Guide to Report Writing

Content:
Almost every report needs to answer these questions, can you answer them for your report:

Learning development:

What is the purpose of the report? (you’ll see words like ‘remit, scope and parameters’ used too).

What is the context of the activity (the experiment, research, intervention,etc)?

What is the activity? Describe the research, intervention, event, etc. Why was it done in this way?

What type of information was gathered? Where did this information come from?

What is the theory, previous research or established best practice related to this area?

What was the outcome? What are the findings or results?

How do you interpret these findings or results?Was the outcome positive or negative,expected or unexpected?

What lessons can be learned from this activity (experiment, research,intervention, case study)? How should it be done differently in future?