Free Movement of Goods Essay Example | Topics and Well Written Essays - 2500 words

Free Movement of Goods - Essay Example (a) Under Portuguese law the Company has to pay a small fee to the Portuguese government agency when it exports goods to Portugal. In order to answer this is question it needs to discuss Article 23-25. For trade between Member States of the EU, the basic rule is laid down in Article 25(12) EC. 'Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.' It was held that Article 25 (then Article 12) could be relied on by individuals in the national courts in Case 26/62 Van Gend en Loos2. This was the first case in which the ECJ held that a Treaty article could have 'direct effect' Customs duties as such were successfully abolished early in the history of the Community (July 1968). However, it was not originally clear what was covered by the concept of 'a charge having equivalent effect' (CEE). The Commission brought a number of cases against Member States in the 1960s and the ECJ took the opportunity to give a very wide meaning to this phrase. One such Case 24/68 Commission v Italy ('Statistical Levy')3, involved an Italian levy on imports and exports across its borders. ... The ECJ emphasised that it is the effect, not the purpose, of the levy that matters: extra fees and charges are likely to put imported goods at a disadvantage compared with domestically produced goods. It also dismissed the Italian Government's argument that the statistical data was a 'service' to traders, which they should pay for. The ECJ ruled: 'Any pecuniary charge, however small and whatever its designation and mode of application, which is imposed unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier constitutes a charge having equivalent effect'. The key part of this definition or test is whether the sum of money has become payable because goods have crossed a frontier within the EU. If it can be shown that the sum is payable for some other reason - for example as payment for a specific service carried out for the trader, such as provision of storage facilities, then it follows that it is not payable because goods have crossed a frontier, and so does not fulfil the Court's definition of an illegal charge. The ECJ has held that the prohibition on 'charges of equivalent effect' also applies to goods imported directly from third countries: see Case 37, 38/73 Diamantarbeiders v Indiamex,4. This means that the CCT duty can be levied on such goods, but no other charges can be added by the Member States. The EC Treaty does not contain any exceptions or defences to Article 25 (the prohibition is strict and absolute) but there are some situations that fall outside the prohibition because they do not fulfil the above test. The money raised by those fees is to pay for a data information service in respect of goods imported into and exported from Portugal. In Case 63/74 W. Cadsky SpA v Instituto nazionale

Death Penalty in Texas Essay Example | Topics and Well Written Essays - 1500 words

Death Penalty in Texas - Essay Example In array for a killing to be a "capital murder," it have to meet one of the condition explain beneath under the Capital assault. There are a multiplicity of projected lawful and cultural enlightenment because to why Texas has additional executions as compare to several other state of U.S. The furthermost explanation is, of course, that statistically Texas has the second- biggest inhabitants of any state, sprawling only California. On the other hand, Texas also has the second- excessive rate of executions for every capita, sprawling Oklahoma, so that at the same time as the inquiry is legitimately increase, it could better be inquire of that state previously so as to of Texas. Texas's appellate panels of adjudicators are selected by the ancestors of the state, not allotted by an alternative authority. As Texas's political attitude is in general conventional, judges could find it beneficial to take a hard point of view on crime to guarantee reelection; evaluator also declare that the excellence of these designated jurists is not as high-level as those select in other states. On the other hand, according to a learning by Cornell University staff members, Texas is amongst the states that allocate the death penalty only to accurate kinds of murder, for example individuals of a police official or witness, and to the same extent a result have minor death judgment rates than those make use of further subjective standards, such as the evil nature of a crime, the learning noted. The states among the added objective laws allocate the death penalty fewer (with reference to 1.9 percent during 1977-99) as to those with the additional subjective laws (which allocate it about 2.7 percent throughout that period). A 2002 Houston History census of Texans originate that when question "Do you encourage the death penalty'" 69.1% answer back that they did, 21.9% did not encourage to backing and 9.1% were not sure thing or give away no answer. This is to some extent high ranking than the bear witness to of 68% originate by a Scripps Howard News Census in March 1998. Backing has drop down from 86% during 1994. First of all, I would like to say that in other states of U.S or in Texas. Second of all, Third of all, I would like to say that I am against the use of the death penalty in the United States. I will remain against the death penalty If the individual was find guilty as a party, a supplementary "anti-parties" charge is certain asking whether the defendant in reality bring about the passing away of the deceased otherwise did not in fact origin the passing away of the deceased however intended to kill the deceased or " projected " that a human existence would be there taken. If this question mark is answered 'yes' in adding up to the yes-no model As a result of the special issues in death penalty cases, there are also different rules of evidence that apply in capital cases in the punishment phase than for a non-capital case. In a non-capital case, the State may introduce evidence of