Thanks a million Aoife. Much appreciated. Mark On Mar 9, 2:43 pm, Aoife McBennett <[email protected]> wrote: > Q4 Oct 2006 > > The (fictitious) 2001 General Waste Directive ('the Directive') regulates > the disposal of waste. > > Article 2 of the Directive provides that: 'Member States shall take all > appropriate measures to ensure that waste is disposed of without endangering > human health and without using processes or methods which cause harm to the > environment, or which could cause a nuisance through noise or odours'. > Article 5 provides for a specific environmental impact assessment procedure > to be applicable to all 'waste disposal plants which it is proposed to > construct following the entry into force of this Directive'. Article 6 > provides that: 'Member States shall establish or designate a competent > authority, or authorities, to be responsible for ensuring compliance with > the objective of Article 2'. Article 8 provides that the Directive sall be > implemented by 31st December 2003. > > Ireland has to date not formally transposed the Directive into Irish law, > although certain steps have been taken to give effect to its provisions. > > Ireland designates Environmental Know-All Ltd ('EKA'), a private company, > with effect from 1st September 2003 as the 'competent authority' pursuant to > Article 6. One function of EKA is to issue waste disposal licences. > > EKA issues such a licence to Smelly Thing Ltd ('ST') on 1st November 2003. > The Dublin Environmental Alliance ('DEA'), a group of concerned private > citizens, complains that ST's waste dispoal plant does not comply with > Articles 2 or 5 of the Directive. > > Advise the DEA on the following issues: > (i) Do Articles 2 and 5 of the Directive have direct effect? > (ii) May Articles 2 and 5 be relied upon against a body such as EKA? > (iii) Assuming Article 5 to have direct effect, may a privater entity like > the DEA rely upon it in national court proceedings in order to compel the > EKA to withdraw the licence it granted to ST? In this respect, is it of > significance that the licence was issued to ST prior to the deadline for the > transposition of the Directive? > > Best of luck with job! > Aoife > > > > On Tue, Mar 9, 2010 at 4:36 PM, MD <[email protected]> wrote: > > Hey folks, > > > Could someone please help me out? > > > I have been asked for a sample of my legal writing from an prospective > > employer. While I have the piece of writing I want to send, I'm > > lacking the question that the piece answers and I don't have any > > access to my past papers. > > > I know it's the business end of the FE-1 calander, but could someone > > please find the time to post Question 4 of the Oct 2006 EU exam? > > > You'd really be helping me out. > > > Thanks a million, > > Mark > > > -- > > You received this message because you are subscribed to the Google Groups > > "FE-1 Study Group" group. > > To post to this group, send an email to [email protected]. > > To unsubscribe from this group, send email to > > [email protected]<fe-1-study-group%[email protected]> > > . > > For more options, visit this group at > >http://groups.google.com/group/fe-1-study-group?hl=en-GB.- Hide quoted text - > > - Show quoted text -
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