Law of the European Union Essay Example | Topics and Well Written Essays - 2000 words

Law of the European Union - Essay Example The doctrine of pre-emption differs from the Supremacy clause of EC law ruled in Costa v. ENEL4 in that the latter is a guide when two existing norms regulating the same thing are in conflict,5 whereas pre-emption consists in determining whether there is a conflict between a national measure, be it in application or decision, and a rule of Community law. In a further step, in (Case 11/70) Internationale Handelsgesellschaft GmbH6, the Court held that Community law took precedence even over a fundamental rule in the German national constitution. The clearest statement of the implications of the supremacy of Community law came in (Case 106/77) Simmenthal SpA (No. 2)7 where the Court held that national courts, even a lowly court of first instance, have a duty to set aside provisions of national law, which are incompatible with EC law. There was no need to wait for the national law to be amended in line with national constitutional procedures: the national rule had to be set aside immediately if it conflicted with a directly applicable or directly effective Community provision. Nor does the obligation to set aside conflicting national rules only apply to national courts: even an administrative agency dealing with a national social insurance scheme was held to be required to do so in Case C-118/00 Larsy v INASTI8. Although the national me asure is rendered 'inapplicable', this does not absolve the Member State from the need formally to repeal it. In [Case 22-70] the ERTA case (European Road Transport Agreement) the ECJ decided that where the EC concludes a treaty in pursuance of a common policy (Transport, in this case), the possibility of concurrent authority on the part of MS towards non-member states is excluded: and any other purported exercise of concurrently authority will be over ridden to the extent that it conflicts with Community law. However, the ECJ develop pre-emption legal principle. The Court first formulated a principle of pre-emption in the ERTA case where the Court held that "once a Community common policy has been initiated,9 Community competence pre-empts Member State competence". Subsequently in Costa v. ENEL10, the principle of pre-emption has been made pragmatic and more flexible. In the interests of legal certainty, the Court said that Member States must also repeal the offending national rule: (Case 167/73) Commission v France (French Merchant Seamen)11. Even if it is not yet clear whether a person actually has a right which they claim under community law (i.e. it is a 'putative' right, not a definite one), the doctrine of supremacy requires a national court to set aside any national procedural rules which might prevent them from getting the full benefit of the Community right if it IS eventually found that they have it! This was laid down in the case (C-213/89) R v Secretary of State for Transport, ex parte Factortame Ltd and others12. Spanish fishermen claimed that the UK's Merchant Shipping Act breached a number of EC Treaty articles and wrongly prevented them from fishing in British waters. They asked for interim relief (an injunction setting aside the offending clauses of the Act pending the full hearing of the case). The problem was that under English law, courts could not

Ethics of Care and Ethics of Justice Essay Example | Topics and Well Written Essays - 2000 words

Ethics of Care and Ethics of Justice - Essay Example Thereupon, ethical prospects in nursing are at the core in this paper. Ethics of care seems to be taken for granted in nursing by many observers. It accompanies the idea of the Hippocratic Oath. Moreover, it makes the nurse-patient dialogue possible with emphasis on relief and recovery. However, this concept runs into the ethics of justice which can be narrowed down to a set of prescribed steps and norms in following nursing practice. Thus, the question of both ethical theories in their approaches toward contemporary medicine are to be duly analyzed so that to find out the best decision. ETHICS OF CARE Needless to say, current hospitals are full of professionals and those assisting them who can find out the right way in communication with patients. It is all about some psychological and moral obligations every nurse has at her/his disposal. The need for care is viewed to be paramount in hospitals. It makes the overall idea of recovery powerful. It goes without saying that a person can fight his/her illness starting from the inner decisions and inclinations. Believe it or not, such practice is well shared in the world. Moreover, it constitutes the need for care as a predominant impulse toward the inner recovery materializing in the physical healing. Ethics of care is well based on the personal relationships with a patient. It can be interpreted as the consideration of other’s point of view (Ashcroft, Dawson, & Draper, 2007). Care is a stimulus for every patient. Thus, a nurse able to follow up the prescriptions of her/his moral obligations before concrete patients, in particular, and the mankind, on the whole, has to use care every now and then. In other words, care is called to reduce patient’s vulnerability at the moment when it is critically high. Chesnay & Anderson (2011) admit in their study that ethics of care is generally focused on â€Å"attending to and meeting the needs of the particular others for whom we take responsibility† (p. 372). Thus, speaking ethically, the word â€Å"care† is already incorporated in the word â€Å"healthcare† justifying, therefore, the overall goal of the medicine. On the other hand, ethics of care seeks to pinpoint the need for relationship for the sake of striking a balance in gender roles. Definitely, women are more devoted to the caring; and the nursing ethics and ethics of care have become the pivotal virtues in the nursing practice far long ago (Yeo, 2010). To say more, ethical concerns should bear a confident character when applying to serious patients and those getting through some training and educational programs as a part of their recovery process (Klingberg-Allvin et al., 2007). Thus, the ethics of care is one of the first intentions coming on the part of a nurse despite of any circumstances or other impediments on her/his way. Again, relationship-based approach is what each nurse urges for. There is nothing more significant for a good and professionally fit nurse than to think about the need for assuring patients that they will be taken care of. To manage this prospect means to have an idea of where the nursing practice starts from: â€Å"The care ethics perspective cannot be understood in abstract or hypothetical terms, but only in actions stemming from caring relationships between people† (Sellman & Snelling, 2009, p. 60). Thus, any dispute on the nature of the ethics of care can be diminished due to a host of arguments on the importance of the first care aid and continuous care for patients throughout the period of hospitalization. Moreover, ethically grounded attitude of care on the part of a nurse is never a malfeasance. Ethics of justice Most researchers and observers are likely to state that ethics of justice serves a constraint for the