Week 2: how law is made – law and power

-Exercise 1: Describe the Italian ve star movement of Beppe Grillo:

The Five Star Movement (M5S) is a poli cal party in Italy founded by comedian Beppe Grillo in 2009.
Here are some bullet points describing the party:

Evolu on:
• Founded in 2009 as a protest movement against corrup on and the poli cal establishment in
Italy.
• Gained popularity quickly through social media and online campaigning.
• Became a formal poli cal party in 2013.
• Won the largest number of votes in the 2018 general elec on, forming a coali on
government with the right-wing League party.

Poli cal principles:

• Strong an -corrup on and an -establishment stance.
• Advocates for direct democracy and greater ci zen par cipa on in decision-making
processes.
• Emphasizes environmentalism, sustainable development, and renewable energy.
• Euroscep c, but not an -European Union.

Decision making:
• Decision-making is based on an online pla orm called "Rousseau," where members can vote
on party policies and decisions.
• Members are selected through a public online vote, and party leadership posi ons are
rotated among members.
• Party leadership makes use of digital tools and social media to communicate with members
and the public.

Par cipa on:

• Open to anyone over the age of 16 who is not a liated with another poli cal party.
• Members can par cipate in online votes and discussions, a end party events, and propose
policy ideas.
• Encourages grassroots ac vism and ci zen par cipa on in local poli cs.

Candidates:
• Candidates are selected through an online primary elec on process.
• Must adhere to party principles and pass a series of ethical and competency tests.
• Emphasizes the selec on of candidates with no previous poli cal experience.

-Exercise 2: You are a consultant for the government of the country United States of Newland
which has just gained independence and requested your advice about the best system to organize
the poli cal power and government in their country. They would like to know whether a unitary or a
federal system would be be er. Inform them about the advantages and disadvantages of each.

As a consultant for the government of United States of Newland, I can provide you with informa on
on two systems of government, namely unitary and federal, and their respec ve advantages and
disadvantages.

A unitary system of government is where all poli cal power and authority is centralized in the
na onal government.

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 In contrast, a federal system divides power between the na onal government and regional or state
governments.

Advantages of a unitary system:

• Centralized decision-making: A unitary system allows for swi and decisive decision-making
as all authority is centralized. This can be bene cial in mes of crisis and emergencies.
• Uniformity: A unitary system promotes uniformity and consistency in policy-making and
administra on, as all policies and laws are made and enforced by a single central authority.
• Easier to implement: A unitary system is rela vely easier to implement, as it requires less
coordina on and nego a on between di erent levels of government.

Disadvantages of a unitary system:

• Limited local control: A unitary system can lead to limited local control over policy-making
and implementa on, as the central authority has ul mate control.
• Less representa on: A unitary system can lead to less representa on and voice for regional
and local interests, as decision-making is centralized.
• Risk of corrup on: A unitary system can increase the risk of corrup on, as power is
concentrated in the hands of a few people.

Advantages of a federal system:

• Local autonomy: A federal system provides for greater local autonomy and allows for
regional and state governments to make decisions and policies that are speci c to their
region.
• Representa on: A federal system allows for greater representa on and voice for regional and
local interests.
• Checks and balances: A federal system provides for checks and balances between di erent
levels of government, preven ng any one level from having too much power.

Disadvantages of a federal system:

• Coordina on and nego a on: A federal system can require more coordina on and
nego a on between di erent levels of government, which can lead to slower decision-
making and policy implementa on.
• Duplica on of services: A federal system can lead to duplica on of services and ine ciencies
as each level of government is responsible for providing their own services.
• Tensions between levels of government: A federal system can lead to tensions between
levels of government, as each level may have di erent priori es and interests.

Based on these factors, I recommend a federal system for United States of Newland, as it provides
for greater local autonomy and representa on while also ensuring checks and balances between
di erent levels of government. However, it is important to note that each country and its unique
circumstances should be taken into considera on when deciding on a system of government.

Week 3: enforcing the law – who and how

-Exercise 1: Write who should have the last word, the judges (not democra cally elected) or
Parliament or the government (democra cally elected), and why, about the legal cases on the most

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 pressing human rights issues such as euthanasia, abor on, the right to vote of prisoners, and
deporta on of terrorism suspects.

The ques on of who should have the last word on legal cases regarding human rights issues, such as
euthanasia, abor on, the right to vote of prisoners, and deporta on of terrorism suspects, is a
complex one that does not have a straigh orward answer.

In general, judges are tasked with interpre ng and applying the law, while Parliament and the
government are responsible for making the law. However, in cases involving human rights, there may
be a tension between the will of the democra cally elected government and the protec on of
individual rights.

• On the issue of euthanasia, for example, a democra cally elected government may seek to
ban the prac ce, while judges may argue that such a ban would violate the right to die with
dignity. In this case, judges may have the last word, as protec ng individual rights is a key
func on of the judiciary.

• Similarly, on the issue of abor on, judges may need to balance the right to access safe and
legal abor on with the government's interest in protec ng fetal life. In this case, judges may
need to weigh in to ensure that women's rights are protected.

• On the issue of the right to vote of prisoners, a democra cally elected government may
argue that prisoners have forfeited their right to par cipate in the poli cal process. However,
judges may argue that such a blanket ban would violate prisoners' fundamental rights to
poli cal par cipa on.

• Finally, on the issue of deporta on of terrorism suspects, a democra cally elected

government may argue that such individuals pose a threat to na onal security and should be
deported. However, judges may need to weigh in to ensure that such deporta ons do not
violate the individual's right to a fair trial or expose them to risk of torture or persecu on in
their home country.

In all of these cases, the role of the judiciary is cri cal in ensuring that individual rights are protected,
even in the face of government or parliamentary opposi on. Ul mately, the ques on of who should
have the last word depends on the speci c circumstances of each case and the par cular legal and
cons tu onal framework in place in a given country.

-Exercise 2: How judges are selected and trained

The process for selec ng and training judges varies from country to country, but there are some
common elements that are generally present.

Selec on of judges:
In many countries, judges are appointed rather than elected. The appointment process typically
involves the following steps:
• Nomina on: A list of poten al judges is compiled, o en by a judicial appointments
commission or a similar body. Nominees may be suggested by the legal community, poli cal
par es, or other groups.
• Evalua on: Nominees are evaluated based on their quali ca ons, experience, and other
factors. This may involve interviews, reference checks, and other forms of assessment.
• Appointment: The nal decision on which nominees to appoint as judges is typically made by
a senior government o cial, such as the Prime Minister or President, or by a judicial
appointments commission.

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 Training of judges:
Once appointed, judges typically receive training in a variety of areas, including:
• Legal knowledge: Judges need to have a deep understanding of the law in order to apply it
e ec vely. This may involve a ending con nuing legal educa on courses or other training
programs.
• Judicial skills: Judges need to have a range of skills in order to perform their du es
e ec vely, such as decision-making, case management, and communica on skills. Training
programs may focus on developing these skills.
• Ethics and professionalism: Judges are held to high standards of ethical conduct and
professionalism. Training programs may cover topics such as impar ality, integrity, and
accountability.
• Specializa on: In some countries, judges are trained in speci c areas of law, such as family
law, criminal law, or commercial law. This may involve addi onal training or appren ceships
with experienced judges.

Overall, the selec on and training of judges are cri cal to ensuring that the judiciary is impar al,
knowledgeable, and e ec ve in upholding the rule of law.

-Exercise 3: Is the common law system more e cient than the civil law system?

It is di cult to say whether the common law system is more e cient than the civil law system or vice
versa. Both systems have their strengths and weaknesses, and the choice between them o en
depends on a country's legal tradi ons, history, and poli cal culture.

Common law system:

• The common law system, which is used in countries such as the United States, the United
Kingdom, and Australia, is characterized by its reliance on judicial precedent and case law.
Under this system, judges interpret and apply the law based on previous court decisions,
rather than relying solely on legisla ve codes or statutes.
• One advantage of the common law system is that it is o en more adaptable and exible than
the civil law system. Because judges have the power to interpret the law, they can take into
account changing societal values and circumstances and adapt the law accordingly. This can
help to ensure that the law remains relevant and e ec ve over me.
• However, the common law system can also be cri cized for its complexity and
unpredictability. Because the law is based on case law and precedent, it can be di cult for
non-lawyers to understand and for lawyers to apply consistently. Addi onally, the common
law system can be cri cized for its tendency to create con ic ng and contradictory rulings,
par cularly when di erent judges have di erent interpreta ons of the law.

Civil law system:

• The civil law system, which is used in countries such as France, Germany, and Japan, is
characterized by its reliance on comprehensive legisla ve codes or statutes. Under this
system, the law is codi ed and wri en down, making it more predictable and consistent than
the common law system.
• One advantage of the civil law system is that it is o en more straigh orward and easier to
understand than the common law system. Because the law is codi ed, it is easier for non-
lawyers to access and understand. Addi onally, the civil law system can be cri cized for its
tendency to be more predictable and consistent than the common law system.
• However, the civil law system can also be cri cized for its in exibility and rigidity. Because
the law is codi ed, it can be di cult to adapt to changing circumstances or to address
unique or novel legal issues. Addi onally, the civil law system can be cri cized for its
tendency to be less responsive to changing societal values and circumstances.

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 In summary, both the common law and civil law systems have their advantages and disadvantages,
and neither can be said to be inherently more e cient than the other. The choice between them
o en depends on a country's legal tradi ons, history, and poli cal culture.

Week 4: interna onal law

-Exercise 1: Write legal defense of:

1: Catalonia has the right to sucession under interna onal law
• Catalonia has the right to secession under interna onal law: Those who argue that Catalonia
has the right to secession under interna onal law typically point to the principle of self-
determina on, which holds that all peoples have the right to determine their own poli cal
status and freely pursue their economic, social, and cultural development. They argue that
Catalonia, as a dis nct linguis c and cultural community within Spain, should be able to
exercise its right to self-determina on and secede from Spain if it so chooses.

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 • However, those who argue against this posi on point out that the principle of self-
determina on is not an absolute right and must be balanced against other principles of
interna onal law, such as respect for the territorial integrity of states. They argue that
Catalonia's secession would violate Spain's territorial integrity and would set a dangerous
precedent for other separa st movements around the world.

2: Catalonia does not have the right to secession under interna onal law
• Catalonia does not have the right to secession under interna onal law: Those who argue that
Catalonia does not have the right to secession under interna onal law typically point to the
principle of territorial integrity, which holds that states have a right to maintain their
territorial integrity and poli cal unity. They argue that Catalonia's secession would be a
viola on of Spain's territorial integrity and would therefore be illegal under interna onal law.
• However, those who argue against this posi on point out that the principle of territorial
integrity is not absolute and must be balanced against the principle of self-determina on.
They argue that Catalonia's dis nct cultural and linguis c iden ty gives it a legi mate claim
to self-determina on and secession, and that this claim should be taken into account in any
legal analysis of the issue.

3: US General Soleimani’s killing is legal under interna onal law

• US General Soleimani’s killing is legal under interna onal law: Those who argue that the
killing of General Soleimani is legal under interna onal law typically point to the principle of
self-defense, which allows states to use force to protect themselves against an imminent or
ongoing a ack. They argue that General Soleimani was a legi mate military target because
he posed an imminent threat to US interests and that his killing was therefore jus ed under
the principle of self-defense.
• However, those who argue against this posi on point out that the principle of self-defense is
not an unlimited right and must be interpreted narrowly to avoid abuses. They argue that
the killing of General Soleimani was not jus ed because there was no imminent threat to
US interests and that his killing violated the principles of propor onality and necessity.

4: US General Soleimani’s killing is not legal under interna onal law

• US General Soleimani’s killing is not legal under interna onal law: Those who argue that the
killing of General Soleimani is not legal under interna onal law typically point to the
principles of propor onality and necessity, which require that any use of force be
propor onate to the threat posed and necessary to achieve a legi mate military objec ve.
They argue that the killing of General Soleimani was not propor onate or necessary because
there was no imminent threat to US interests and that his killing therefore violated
interna onal law.
• However, those who argue against this posi on point out that the principles of
propor onality and necessity are o en di cult to apply in prac ce and require a subjec ve
analysis of the facts on the ground. They argue that the killing of General Soleimani was
jus ed under the principle of self-defense and that any viola on of interna onal law was
outweighed by the need to protect US interests.

-Exercise 2: Is the UN a democra c interna onal organiza on?

• The United Na ons (UN) is an interna onal organiza on made up of member states from
around the world. While the UN is designed to promote democracy and human rights among
its member states, it is not itself a democra c ins tu on in the tradi onal sense.
• The UN is structured as a mul lateral organiza on with a system of representa on based on
the principle of sovereign equality of all its member states. This means that each member
state has an equal say in the decision-making processes of the UN, regardless of its size or
level of development.

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 • However, some argue that the UN is not a fully democra c ins tu on because it lacks direct
accountability to the world's ci zens. The UN General Assembly, which is the main decision-
making body of the organiza on, is made up of representa ves from member states rather
than directly elected o cials. Similarly, the UN Security Council, which has the power to
authorize military interven ons and impose sanc ons, is composed of only 15 members, 5 of
whom are permanent members with veto power.
• Furthermore, the UN system also includes specialized agencies, such as the World Health
Organiza on (WHO) and the Interna onal Monetary Fund (IMF), which are not directly
accountable to the UN General Assembly but are instead governed by their own member
states.
• Overall, while the UN is designed to promote democracy and human rights globally, its
structure and decision-making processes do not conform to tradi onal democra c
principles. However, the UN remains an important ins tu on for interna onal coopera on
and the promo on of peace and security around the world.

-Exercise 3: To what extent is the individual an interna onal legal person (Interna onal Legal
Personality)?

• The concept of an "interna onal legal person" refers to an en ty that is recognized as having
legal personality under interna onal law. While states are the primary interna onal legal
persons, there are also other en es that are recognized as having interna onal legal
personality, including interna onal organiza ons, corpora ons, and individuals.
• However, the extent to which an individual is recognized as an interna onal legal person is
limited. While individuals are protected under interna onal human rights law, they do not
have the same legal personality as states or interna onal organiza ons. This means that
individuals cannot sue other states or interna onal organiza ons in an interna onal court,
for example.
• There are some excep ons to this general rule. For instance, certain individuals, such as
heads of state, can represent their country on the interna onal stage and have limited
immuni es under interna onal law. Addi onally, individuals may be granted legal
personality in certain interna onal legal instruments, such as the Interna onal Criminal
Court's Rome Statute, which allows individuals to be prosecuted for crimes such as genocide,
war crimes, and crimes against humanity.
• In conclusion, while individuals have certain protec ons and rights under interna onal law,
they do not have the same level of legal personality as states and interna onal organiza ons.
The interna onal legal system is primarily designed to govern the rela onships between
states and other interna onal actors, rather than individual persons.

-Exercise 4: Interna onal organiza ons have a limited personality.

UN Charter - ar cles 1 and 2:

The United Na ons (UN) is a mul lateral organiza on established in 1945 with the purposes of
maintaining interna onal peace and security, promo ng social progress and be er standards of life,
and promo ng respect for human rights and fundamental freedoms. The purposes and principles of
the UN are outlined in the UN Charter, par cularly in Ar cles 1 and 2.

Purposes and principles of the UN:

❖ Ar cle 1 of the UN Charter outlines the purposes of the organiza on, which are:
• To maintain interna onal peace and security and to take e ec ve collec ve measures for
the preven on and removal of threats to the peace.

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 To develop friendly rela ons among na ons based on respect for the principle of equal
•
rights and self-determina on of peoples.
• To achieve interna onal coopera on in solving interna onal problems of an economic,
social, cultural, or humanitarian character and in promo ng and encouraging respect for
human rights and for fundamental freedoms for all without dis nc on as to race, sex,
language, or religion.
• To be a center for harmonizing the ac ons of na ons in the a ainment of these common
ends.
❖ Ar cle 2 of the UN Charter sets out the principles that govern the behavior of member states
in their rela ons with each other and with the UN. These principles include:
• The sovereign equality of all member states.
• The obliga on of member states to se le their disputes by peaceful means.
• The prohibi on of the use of force or the threat of force in interna onal rela ons, except
in cases of self-defense.
• The duty of member states to cooperate with the UN in achieving its purposes.

Are the UN´s competences unlimited?

❖ Regarding the competences of the UN, it is important to note that they are not unlimited.
The UN Charter sets out the powers and responsibili es of the organiza on, and these
powers are limited by the principle of sovereignty of member states. While the UN has the
power to make recommenda ons and to take ac on in certain circumstances, it cannot
override the sovereignty of member states or interfere in their internal a airs without their
consent. Addi onally, the UN's powers are limited by the resources available to it, as the
organiza on does not have its own independent source of funding and relies on
contribu ons from member states.

-Exercise 5:
UN Charter – ar cles from 23 to 25:
How is the Security Council composed?
What is its primary responsibility?
Are the Security Council´s decisions binding on the Member States?

The composi on, primary responsibility, and binding nature of decisions of the Security Council are
outlined in Ar cles 23 to 25 of the United Na ons Charter.

• Ar cle 23 of the UN Charter establishes that the Security Council shall consist of een
members, ve of which are permanent members (China, France, Russia, the United
Kingdom, and the United States) and ten of which are non-permanent members elected for
two-year terms by the General Assembly. The permanent members hold veto power,
meaning that they can block any substan ve resolu on put forward by the Council,
regardless of the level of support it has from other members.
• Ar cle 24 of the UN Charter establishes that the primary responsibility of the Security
Council is to maintain interna onal peace and security. The Council is responsible for
determining the existence of any threat to the peace, breach of the peace, or act of
aggression, and is authorized to take measures to maintain or restore interna onal peace
and security, including the use of force.
• Ar cle 25 of the UN Charter establishes that the decisions of the Security Council are binding
on all Member States. This means that once the Security Council has adopted a resolu on,
all UN Member States are obligated to comply with its terms. The only excep on to this is if a
resolu on con icts with a state's obliga ons under its own domes c law, in which case the
state must seek to reconcile the two obliga ons. Failure to comply with a Security Council

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 resolu on may result in the Council taking further measures, such as imposing economic
sanc ons or authorizing the use of force, to enforce its decisions.

-Exercise 6: Which are the sources of public interna onal law?

The sources of public interna onal law are the ways in which interna onal legal rules are created,
interpreted, and applied. The main sources of public interna onal law are:

• Trea es: These are wri en agreements between two or more states, which may include
interna onal organiza ons. Trea es may cover a wide range of topics, such as human rights,
trade, and environmental protec on.
• Custom: This refers to unwri en, but widely accepted, prac ces and behavior among states
that are recognized as legally binding. For example, the principle of state sovereignty is
considered a customary rule of interna onal law.
• General principles of law: These are legal principles that are recognized by most legal
systems, including interna onal law. Examples include the principle of non-retroac vity,
which prohibits the retroac ve applica on of laws and trea es, and the principle of good
faith, which requires states to act honestly and fairly in their dealings with other states.
• Judicial decisions and teachings of highly quali ed publicists: These refer to the decisions of
interna onal courts and tribunals, as well as the opinions of legal scholars and experts in the
eld of interna onal law. These decisions and opinions may be considered as evidence of the
existence of customary interna onal law or as a means of interpre ng exis ng trea es and
other sources of interna onal law.
• Subsidiary means for the determina on of rules of law: This includes any other sources that
may be helpful in determining the content of interna onal law, such as diploma c
correspondence, o cial reports, and the prac ce of interna onal organiza ons.

-Exercise 7: What are subsidiary means of public interna onal law?

Subsidiary means for the determina on of rules of law are a category of sources of public
interna onal law that help to determine the content and meaning of interna onal legal rules. These
means are listed in Ar cle 38 of the Statute of the Interna onal Court of Jus ce (ICJ), which is a
principal judicial organ of the United Na ons. The subsidiary means include:
• Judicial decisions and teachings of the most highly quali ed publicists: This refers to the
decisions of interna onal courts and tribunals, as well as the opinions of legal scholars and
experts in the eld of interna onal law. These decisions and opinions may be considered as
evidence of the existence of customary interna onal law or as a means of interpre ng
exis ng trea es and other sources of interna onal law.
• Interna onal conven ons and trea es: These are wri en agreements between two or more
states or interna onal organiza ons that establish legal rules and obliga ons. Interna onal
trea es may cover a wide range of topics, such as human rights, trade, and environmental
protec on.
• Custom: This refers to unwri en, but widely accepted, prac ces and behavior among states
that are recognized as legally binding. For example, the principle of state sovereignty is
considered a customary rule of interna onal law.
• General principles of law: These are legal principles that are recognized by most legal
systems, including interna onal law. Examples include the principle of non-retroac vity,
which prohibits the retroac ve applica on of laws and trea es, and the principle of good
faith, which requires states to act honestly and fairly in their dealings with other states.
• Other subsidiary means: This includes any other sources that may be helpful in determining
the content of interna onal law, such as diploma c correspondence, o cial reports, and the
prac ce of interna onal organiza ons.

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 Week 5: European Union
-Exercise 1: You are compe ng groups of consultants that have been approached by the board of
directors of the European headquarters of an interna onal NGO, Clean Globe, whose object is to
promote awareness, in uence policy and take ac on on climate change and environmental issues.
They have received funding from the United Na ons to work on a new project and will award the
winning team a very lucra ve contract.
The project is concerned with the amount of plas c that is used as envelopes for online purchases
and would like to have this material banned for such purchases in Europe.
They have requested you to propose an ac on plan with sugges ons on how to a ain that goal. In
par cular, you have been required to cover the following points:
• Whether ac on should be taken at the na onal level, European Union level, or both
• The distribu on of competences between member states and the EU, and the principles of
conferral, propor onality and subsidiarity
• The rela onship between na onal law and EU law, and the principle of supremacy of EU law
• The legisla ve process at EU level
• Whether a regula on or a direc ve is the best legisla ve instrument to achieve their
objec ves
• Any other ac on that you consider should be taken to achieve their object.

As compe ng groups of consultants, we would like to present our proposed ac on plans on how to
a ain the goal of banning plas c for online purchases in Europe for Clean Globe, an interna onal
NGO working on climate change and environmental issues.

1) Whether ac on should be taken at the na onal level, European Union level, or both:
Our proposal is that ac on should be taken at both the na onal and EU levels. While
member states have the competence to regulate ma ers related to the environment, the EU
has the power to regulate ma ers related to the internal market, including the packaging of
goods. Therefore, a coordinated approach at both the na onal and EU levels would be the
most e ec ve way to achieve the goal of banning plas c for online purchases in Europe.
2) The distribu on of competences between member states and the EU, and the principles of
conferral, propor onality and subsidiarity:
As per the principle of conferral, the EU can only act in areas where it has been explicitly
granted competence by its member states. However, the EU also has a duty to respect the
principle of subsidiarity, which means that ac on should be taken at the most appropriate
level of government, taking into account the objec ve of the proposed ac on and the impact
on member states. In this case, the EU has competence to regulate the packaging of goods as
part of its internal market powers, but member states also have the competence to regulate
environmental ma ers. Therefore, a coordinated approach between the EU and member
states should be taken, ensuring that the principle of propor onality is respected, and ac on
is taken at the most appropriate level of government.
3) The rela onship between na onal law and EU law, and the principle of supremacy of EU law:
As per the principle of supremacy of EU law, EU law takes precedence over na onal law in
areas where the EU has competence. Therefore, any na onal laws that are in con ict with
EU law should be amended or repealed. In this case, if the EU adopts legisla on to ban
plas c for online purchases, member states would be required to comply with the EU law,
and any con ic ng na onal laws would need to be amended.
4) The legisla ve process at EU level:
The EU legisla ve process involves the European Commission, European Parliament, and
Council of the European Union. The European Commission has the power to ini ate
legisla on, and the European Parliament and Council of the European Union must both
approve the legisla on before it can become law. Therefore, any proposal to ban plas c for
online purchases would need to be ini ated by the European Commission, and then
approved by both the European Parliament and the Council of the European Union.

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 5) Whether a regula on or a direc ve is the best legisla ve instrument to achieve their
objec ves:
Our proposal is that a regula on would be the most appropriate legisla ve instrument to
achieve the goal of banning plas c for online purchases. A regula on is a binding legisla ve
act that is directly applicable in all member states, meaning that it would have immediate
e ect and be enforceable without requiring any further ac on by member states. In
contrast, a direc ve is a legisla ve act that sets out goals for member states to achieve, but
allows member states some exibility in how they achieve those goals. However, given the
urgency of the climate crisis and the need for immediate ac on, a regula on would be more
e ec ve in achieving the objec ve of banning plas c for online purchases.
6) Any other ac on that you consider should be taken to achieve their object:
In addi on to legisla ve ac on, other measures that could be taken to achieve the objec ve
of banning plas c for online purchases include:
• Raising public awareness about the environmental impact of plas c use and encouraging
consumers to choose alterna ve packaging op ons.
• Working with retailers and e-commerce companies to encourage the use of alterna ve
packaging materials for online purchases.
• Providing incen ves for businesses to switch to alterna ve packaging materials, such as tax
breaks or subsidies.
• Inves ng in research and development of new, sustainable packaging

-Exercise 2: Where does the tension between the CJEU and the German Federal Cons tu onal
Court lie? Summarize the view of both courts and give reasons for their posi on

• The tension between the Court of Jus ce of the European Union (CJEU) and the German
Federal Cons tu onal Court (GFCC) is mainly centered around the issue of the primacy of EU
law over na onal law.
• The CJEU has consistently upheld the principle of the supremacy of EU law, which means
that EU law takes precedence over con ic ng na onal law, and that na onal courts must
apply EU law in their rulings. The CJEU argues that this is essen al to ensure the uniform
interpreta on and applica on of EU law throughout the EU, and to ensure that the EU legal
order is respected and protected.
• However, the GFCC has recently challenged this principle, arguing that it infringes on
Germany's sovereignty and the cons tu onal principles of democracy and the rule of law.
The GFCC argues that it has the nal say in interpre ng the German cons tu on, and that it
can refuse to apply EU law if it believes that it con icts with the German cons tu on.
• The GFCC's posi on is rooted in its interpreta on of the German Basic Law, which establishes
the primacy of the German cons tu on and guarantees fundamental rights and democra c
principles. The GFCC argues that EU law can only be applied in Germany if it is compa ble
with the German cons tu on and respects these fundamental principles.
• The GFCC's challenge to the primacy of EU law has led to tensions with the CJEU, which has
warned that such challenges could undermine the e ec veness and integrity of the EU legal
order. The CJEU has the power to review the legality of na onal measures and to ensure the
uniform applica on of EU law, and it has signaled that it may use this power to override
na onal courts that refuse to apply EU law.
• In summary, the tension between the CJEU and the GFCC lies in their diverging views on the
primacy of EU law over na onal law. The CJEU upholds the principle of the supremacy of EU
law as essen al to the func oning of the EU legal order, while the GFCC challenges this
principle as an infringement on Germany's sovereignty and cons tu onal principles.

-Exercise 3: The EU competences. In what ways does the principle of conferral limit the use of EU
powers?

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 The principle of conferral is a fundamental principle of the European Union (EU) that limits the use of
EU powers to those areas where the EU has been granted explicit competences by its member
states.
The principle of conferral is enshrined in the EU Treaty and is designed to ensure that the EU acts
only within the scope of the powers conferred upon it by its member states.

The principle of conferral is composed of three key elements that limit the use of EU powers:
• The EU may only act within the limits of the competences conferred upon it by the member
states. This means that the EU can only act in areas where it has been explicitly granted
competence by its member states, such as in the areas of trade, compe on, or
environmental policy.
• The EU may only take ac ons that are necessary to achieve the objec ves of the EU Trea es.
This means that the EU can only take measures that are required to achieve the objec ves
set out in the EU Trea es, such as promo ng peace, ensuring the func oning of the internal
market, or promo ng social progress and environmental protec on.
• The EU must respect the principle of propor onality. This means that any ac on taken by the
EU must be propor onate to the objec ves pursued and must not exceed what is necessary
to achieve those objec ves.

The principle of conferral ensures that the EU acts only within its competences and does not exceed
its mandate. This means that the member states retain their sovereignty in areas where they have
not conferred competence to the EU. The principle of conferral also ensures that the EU operates in
a transparent and accountable manner, as it must jus fy its ac ons based on the competences
conferred upon it and the objec ves of the EU Trea es.

In summary, the principle of conferral limits the use of EU powers to those areas where the EU has
been explicitly granted competence by its member states, and requires the EU to act only within the
limits of its competences and in a propor onate manner. This principle is essen al to ensure that the
EU acts in a transparent, accountable, and e ec ve manner, and respects the sovereignty of its
member states.

-Exercise 4: The EU ins tu ons and the Member States. What are the tensions between them?

There are several tensions between the European Union (EU) ins tu ons and the member states,
which arise from the di erent roles and interests of these actors in the EU decision-making process.

Some of the main tensions are:

• Competence: One of the fundamental tensions between the EU ins tu ons and the member
states is over competence, or the alloca on of decision-making powers between the EU and
the member states. The member states are o en reluctant to cede decision-making powers
to the EU ins tu ons, and may challenge the EU's authority in areas where they believe that
the EU has overstepped its competence.
• Na onal Interests: The EU ins tu ons and the member states also have di erent interests,
as the EU ins tu ons are tasked with promo ng the common interests of the EU as a whole,
while the member states are primarily concerned with protec ng their own na onal
interests. This can lead to tensions when the EU ins tu ons propose policies that con ict
with the interests of some member states.
• Democra c Legi macy: Another tension between the EU ins tu ons and the member states
concerns democra c legi macy. The EU ins tu ons are o en cri cized for being remote and
unaccountable, while the member states may resist EU-level decision-making processes that
they perceive as infringing on their own democra c processes.
• Budget and Finances: The EU ins tu ons and the member states also have di erent
perspec ves on budget and nances. The EU ins tu ons may propose ambi ous budgets

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 and nancial measures, while the member states may resist such proposals, par cularly if
they are asked to contribute more to the EU budget.
• Sovereignty: Finally, the EU ins tu ons and the member states may di er on issues of
sovereignty, par cularly when it comes to sensi ve policy areas such as defense, foreign
policy, and immigra on. The member states may be hesitant to cede decision-making power
to the EU in these areas, as they are seen as core aspects of na onal sovereignty.

In summary, the tensions between the EU ins tu ons and the member states stem from di erences
in competences, interests, democra c legi macy, budgets and nances, and sovereignty. These
tensions are inherent to the EU decision-making process, and must be navigated carefully in order to
ensure that the EU remains an e ec ve and legi mate poli cal system.

Week 6: EU single market

-Exercise 1: The EU internal market. How is compe on protected within the EU?

Compe on is protected within the European Union through various measures that promote fair
compe on and prevent an -compe ve behavior. Some of the key measures include:

• The Treaty on the Func oning of the European Union (TFEU): This treaty establishes the legal
framework for compe on policy in the EU. It prohibits an -compe ve agreements and

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 abuse of dominant market posi ons, and allows for the imposi on of nes and other
penal es on companies that engage in such behavior.
• The European Commission: The Commission is responsible for enforcing compe on policy
in the EU. It inves gates cases of an -compe ve behavior and can impose nes and other
penal es on companies that violate EU compe on law.
• The European Court of Jus ce (ECJ): The ECJ is the highest court in the EU, and it has
jurisdic on over compe on cases. It can interpret and apply EU compe on law, and it can
hear appeals of decisions made by the Commission and na onal compe on authori es.
• Merger control: The EU has a system of merger control that is designed to prevent mergers
and acquisi ons that would harm compe on within the EU. Companies that meet certain
thresholds must no fy the Commission of their proposed merger, and the Commission can
either approve the merger or prohibit it if it would harm compe on.
• State aid control: The EU has rules that govern the gran ng of state aid by member states to
companies. State aid that would distort compe on within the EU is prohibited, and the
Commission has the power to inves gate and prohibit such aid.

Overall, the EU takes compe on policy very seriously and has a robust system in place to promote
fair compe on and prevent an -compe ve behavior.

-Exercise 2: Enforcement and judicial review. How can individuals and companies enforce EU
law?

Individuals and companies can enforce EU law in a number of ways, including:

Direct ac ons: Under certain circumstances, individuals and companies can bring direct
•
ac ons before the EU courts to challenge the legality of EU acts or to seek damages for harm
caused by an EU ins tu on's or member state's breach of EU law.
• Preliminary rulings: Na onal courts can refer ques ons to the EU Court of Jus ce for a
preliminary ruling on the interpreta on or validity of EU law. This allows na onal courts to
ensure that they are applying EU law correctly and consistently.
• Complaints to the European Commission: Individuals and companies can le complaints with
the European Commission if they believe that a member state is not complying with EU law.
The Commission can inves gate the complaint and take legal ac on against the member
state if necessary.
• Na onal courts: Na onal courts have a duty to apply EU law in cases within their jurisdic on.
Individuals and companies can bring cases before na onal courts to enforce their rights
under EU law.
• Enforcement by EU ins tu ons: The European Commission and other EU ins tu ons have
the power to enforce EU law and take legal ac on against member states that breach EU law.
This can include nes and other penal es.
Overall, the EU has a robust system in place for the enforcement of EU law, which allows individuals
and companies to seek redress for breaches of EU law and ensures that member states comply with
their obliga ons under EU law.

-Exercise 3: What is property law?

Property law is a branch of law that deals with the various forms of ownership and tenancy in real
and personal property. It governs the rights and obliga ons of individuals and en es with respect to
the use, possession, transfer, and protec on of property.

In property law, real property refers to land and any structures built on it, such as buildings, houses,
and other improvements. Personal property, on the other hand, refers to any property that is not
real property, such as vehicles, furniture, and intellectual property.

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 Property law covers a wide range of legal issues, including:

• Ownership and transfer of property: This includes the legal requirements for buying, selling,
and transferring property, as well as the rights and obliga ons of property owners.
• Tenancy and leasing: This covers the legal rela onship between landlords and tenants,
including the rights and obliga ons of both par es.
• Easements and rights of way: This includes the legal rights and restric ons associated with
using land or property that belongs to someone else.
• Zoning and land use: This covers the rules and regula ons governing how property can be
used and developed, such as zoning laws, building codes, and environmental regula ons.
• Intellectual property: This includes the legal protec ons for crea ve works and inven ons,
such as patents, trademarks, and copyrights.

Overall, property law is a complex area of law that a ects individuals and en es in many aspects of
their personal and business lives. It is important for individuals and businesses to understand their
rights and obliga ons under property law in order to protect their interests and avoid legal disputes.

-Exercise 4: What are property rights?

Property rights refer to the legal rights and protec ons that individuals and en es have with
respect to the use, possession, transfer, and protec on of property. These rights may apply to various
forms of property, including real property (land and buildings), personal property (tangible and
intangible assets), and intellectual property (crea ve works and inven ons).

Property rights generally include the following elements:

• Right to use: The right to use the property for a speci c purpose, such as living in a house,
opera ng a business, or using a piece of equipment.
• Right to exclude: The right to exclude others from using the property without permission.
• Right to transfer: The right to sell, lease, or transfer ownership of the property to another
person or en ty.
• Right to destroy: The right to dispose of the property or destroy it, subject to legal
restric ons.
• Right to protect: The right to protect the property from damage or the , and to seek legal
remedies if these rights are violated.
Property rights are an essen al component of a market economy, as they provide individuals and
en es with the incen ves and protec ons necessary to invest in and develop property. In addi on,
property rights help to promote economic growth, social stability, and poli cal freedom by providing
a legal framework for the exchange and transfer of property.

-Exercise 5: Real property vs personal property

Real property and personal property are two broad categories of property that are recognized in law.

• Real property, also known as real estate, refers to land and any permanent structures that
are a ached to it, such as buildings, homes, and other types of xtures.
Real property can also include any natural resources that are located on the land, such as
minerals, mber, or water.
• Personal property, also known as movable property, refers to any type of property that is not
real property. This can include tangible assets such as cars, furniture, and electronics, as well
as intangible assets such as patents, copyrights, and stocks.

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 There are several key di erences between real property and personal property.

• One of the most signi cant di erences is that real property is generally considered to be
immovable, while personal property is movable.
• Real property is also subject to certain legal restric ons and regula ons that do not apply to
personal property, such as zoning laws and building codes.
• In addi on, the ownership of real property is typically evidenced by a deed or other legal
document, while the ownership of personal property is o en established through possession
or a bill of sale.
• Finally, the transfer of ownership of real property generally requires a formal legal process,
while the transfer of ownership of personal property can be accomplished through a variety
of means, such as sale, gi , or inheritance.

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 Week 7: concept of property

-Exercise 1:
Are property rights human rights?
a) what rights are protected
b) in what circumstances the property owner may be limited or deprived of their rights.

1) Declara on of the Rights of Man and of the Ci zen (1789)

Ar cle XVII
Property being an inviolable and sacred right, no one can be deprived of private usage, if it is not
when the public necessity, legally noted, evidently requires it, and under the condi on of a just and
prior indemnity.
• Ar cle XVII of the Declara on of the Rights of Man and of the Ci zen recognizes property as
an inviolable and sacred right, but allows for depriva on of private usage in cases of public
necessity with just and prior indemnity.

2) Universal Declara on on Human Rights (1948)

Ar cle 17
1. Everyone has the right to own property alone as well as in associa on with others.
2. No one shall be arbitrarily deprived of his property.
• Ar cle 17 of the Universal Declara on on Human Rights guarantees the right to own
property, but states that no one shall be arbitrarily deprived of their property.

3) Protocol 1 (1952) to the European Conven on for the Protec on of Human Rights and
Fundamental Freedoms (1950)
Ar cle 1 – Protec on of property
Every natural or legal person is en tled to the peaceful enjoyment of his possessions. No one shall be
deprived of his possessions except in the public interest and subject to the condi ons provided for by
law and by the general principles of interna onal law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such
laws as it deems necessary to control the use of property in accordance with the general interest or
to secure the payment of taxes or other contribu ons or penal es.
• Ar cle 1 of Protocol 1 to the European Conven on for the Protec on of Human Rights and
Fundamental Freedoms recognizes the en tlement of every natural or legal person to
peaceful enjoyment of their possessions, but permits depriva on of possessions in the public
interest and subject to condi ons provided by law and interna onal principles.

4) Charter of Fundamental Rights of the EU (2000)

Ar cle 17 - Right to property
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired
possessions. No one may be deprived of his or her possessions, except in the public interest and in
the cases and under the condi ons provided for by law, subject to fair compensa on being paid in
good me for their loss. The use of property may be regulated by law in so far as is necessary for the
general interest.
2. Intellectual property shall be protected.
• Ar cle 17 of the Charter of Fundamental Rights of the EU recognizes the right to own, use,
dispose of, and bequeath possessions, subject to depriva on only in the public interest and
in cases and under condi ons provided for by law with fair compensa on paid.

5) American Conven on of Human Rights (1969)

Ar cle 21. Right to Property
1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such
use and enjoyment to the interest of society.

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 2. No one shall be deprived of his property except upon payment of just compensa on, for reasons
of public u lity or social interest, and in the cases and according to the forms established by law.
3. Usury and any other form of exploita on of man by man shall be prohibited by law.
• Ar cle 21 of the American Conven on of Human Rights recognizes the right to the use and
enjoyment of property, but allows for depriva on of property for reasons of public u lity or
social interest, subject to payment of just compensa on and in accordance with the forms
established by law.

6) African Charter on Human and Peoples' Rights (1981)

Ar cle 14
The right to property shall be guaranteed. It may only be encroached upon in the interest of public
need or in the general interest of the community and in accordance with the provisions of
appropriate laws.
• Ar cle 14 of the African Charter on Human and Peoples' Rights guarantees the right to
property, but permits encroachment in the interest of public need or the general interest of
the community in accordance with appropriate laws.

The legal instruments listed recognize property rights as a fundamental human right. The speci c
rights protected include the right to own, use, dispose of, and bequeath possessions, as well as the
right to intellectual property. However, the circumstances under which property owners may be
limited or deprived of their rights are also outlined in each instrument.

Therefore, while property rights are recognized as human rights, their exercise may be limited or
restricted in certain circumstances, such as for the public interest, social interest, or general interest
of the community, as long as the limita ons or depriva ons are provided by law, are not arbitrary,
and are subject to fair compensa on.

-Exercise 2: Jus ca on of property. Arguments in favor or against the idea of private property

Arguments in favor of private property:

• Encourages investment and innova on: Private property provides an incen ve for individuals
to invest in and improve their property. This can lead to increased innova on, produc vity,
and economic growth.
• Promotes individual freedom: Private property allows individuals to exercise control over
their own resources and make decisions about their use. This promotes individual autonomy
and the ability to pursue one's own goals.
• Facilitates trade: Private property allows individuals to buy, sell, and trade their property
with others. This promotes economic exchange and the e cient alloca on of resources.
• Provides a basis for legal accountability: Private property provides a clear basis for legal
accountability. When an individual owns a piece of property, they are responsible for its
maintenance, safety, and use. This makes it easier to hold individuals accountable for any
harm that may result from their ac ons.

Arguments against private property:

• Inequality: Private property can lead to signi cant inequali es in wealth and power. Those
who own more property have greater control over resources and opportuni es, which can
create signi cant dispari es in society.
• Exploita on: Private property can be used to exploit workers and natural resources. Private
property owners may priori ze their own interests over the interests of workers or the
environment.
• Limits access to resources: Private property can limit access to resources, par cularly for
those who do not own property themselves. This can create signi cant barriers to basic
necessi es like food, housing, and healthcare.

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 • Historical injus ces: Private property ownership can be seen as the result of historical
injus ces, such as colonialism, slavery, or the from indigenous peoples. Some argue that
private property ownership should be ques oned or reexamined in light of these historical
injus ces.

Overall, the idea of private property is complex and has been debated for centuries. While there are
certainly bene ts to private property ownership, there are also signi cant challenges and concerns
associated with it. As such, the concept of private property remains a contested issue in legal and
poli cal discourse.

-Exercise 3: The di erent categories of property rights. Why are there di erent categories of
property rights?

There are di erent categories of property rights because the concept of property encompasses a
broad range of interests and values, and di erent legal systems and socie es have developed
di erent ways of de ning and protec ng those interests and values.

Some common categories of property rights include:

• Real property rights: These are rights in land and other physical property, such as buildings
and natural resources. Real property rights can be further divided into various interests, such
as fee simple ownership, easements, and mineral rights.
• Personal property rights: These are rights in movable objects, such as cars, furniture, and
money.
• Intellectual property rights: These are rights in intangible crea ons of the human mind, such
as patents, copyrights, and trademarks.
• Contractual property rights: These are rights created by contract, such as the right to enforce
a contract, the right to receive payment for goods or services, and the right to sue for breach
of contract.
• Human rights-based property rights: These are rights recognized by interna onal human
rights law, such as the right to property, the right to housing, and the right to a clean
environment.

Di erent categories of property rights re ect di erent social and economic values, and they serve
di erent purposes. For example, real property rights are important for the func oning of markets
and for investment and development, while intellectual property rights are essen al for promo ng
innova on and crea vity. Contractual property rights are necessary for facilita ng voluntary
transac ons, and human rights-based property rights are important for protec ng vulnerable groups
from displacement and marginaliza on.

-Exercise 4: Enforcement of property rights. How can property rights be enforced by civil or
criminal ac ons?

• Property rights can be enforced through both civil and criminal ac ons.
• In civil ac ons, the owner of the property can bring a lawsuit against someone who is
interfering with their property rights, such as through trespassing, damage, or infringement
of intellectual property rights. The court can order the infringing party to stop the
interference and/or pay compensa on to the owner.
• Criminal ac ons can also be used to enforce property rights, par cularly in cases of the ,
burglary, or vandalism. Criminal charges can be brought against the perpetrator, and if found
guilty, they may be required to pay res tu on to the owner and/or face imprisonment or
other penal es.
• In addi on to legal ac on, property rights can also be enforced through self-help measures.
For example, a property owner may use reasonable force to remove someone who is

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trespassing on their property or may take steps to protect their intellectual property rights,
such as through trademark or patent registra on. However, it is important to note that self-
help measures must be reasonable and not excessive or violent, as this could lead to criminal
charges or civil liability.

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 Week 8: property in ideas – intellectual property rights
-Exercise 1:

1: Copyright and street art

• Copyright law protects original works of authorship, which includes crea ve works such as
pain ngs, drawings, photographs, and sculptures. Street art is a form of visual art that is
typically created in public spaces, such as on buildings or walls, without the permission of
the property owner.
• Because street art is typically created without permission, it may not be protected by
copyright law. However, there are some excep ons. For example, if the street art meets the
requirements for copyright protec on, such as being an original work of authorship xed in a
tangible medium, then it may be protected.
• Addi onally, the Visual Ar sts Rights Act (VARA) provides certain rights to ar sts who create
works of visual art, including street art, even if they do not own the underlying property.
Under VARA, ar sts have the right to prevent the destruc on, altera on, or mu la on of
their work. This means that property owners may not be able to simply remove or paint over
street art without rst obtaining the ar st's permission. However, these rights are limited,
and property owners may s ll be able to remove or destroy street art under certain
circumstances, such as if it poses a safety risk or if the property is being demolished or
renovated.
• Overall, the issue of copyright and street art is complex and o en depends on the speci c
circumstances involved. It is important for both ar sts and property owners to understand
their rights and obliga ons under the law.

2: Does plain packaging of cigare es violate IP rights of tobacco companies?

• The issue of plain packaging of cigare es and its poten al viola on of intellectual property
(IP) rights of tobacco companies has been a conten ous topic in many countries. The basic
idea behind plain packaging laws is to restrict the use of a rac ve branding, colors, and
logos on cigare e packaging, to discourage smoking, par cularly among young people.
• Opponents of plain packaging laws argue that such restric ons infringe on the IP rights of
tobacco companies, as they are unable to use their trademarks and logos to di eren ate
their products from those of their compe tors. They argue that plain packaging laws could
lead to an increase in counterfei ng and smuggling of tobacco products, as well as a
decrease in the value of tobacco companies' IP assets.
• On the other hand, proponents of plain packaging laws argue that the right to health and the
public interest in reducing smoking prevalence outweigh any poten al harm to tobacco
companies' IP rights. They argue that plain packaging laws are a legi mate exercise of a
government's power to regulate products harmful to public health, and that there is no
evidence to suggest that such laws would lead to a decrease in the value of tobacco
companies' IP assets.
• Ul mately, the ques on of whether plain packaging laws violate IP rights of tobacco
companies is a ma er of legal interpreta on, and opinions di er among jurisdic ons. In
some countries, courts have upheld the validity of plain packaging laws, while in others,
tobacco companies have successfully challenged such laws on IP grounds.

3: Should Ar cial intelligence outputs be protected by Intellectual Property?

• The ques on of whether Ar cial Intelligence (AI) outputs should be protected by
Intellectual Property (IP) is a complex and rapidly evolving issue. AI-generated works, such as
artwork, music, and literature, are becoming increasingly prevalent, raising ques ons about
the legal status and ownership of these crea ons.
• At present, the general consensus is that AI-generated works are not eligible for copyright
protec on because they lack the necessary human crea vity and originality required for

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 copyright protec on. However, there is ongoing debate about whether this approach is
appropriate or whether it should be reconsidered.
• In terms of patent protec on, AI-generated inven ons may be eligible for patent protec on
if they meet the requirements of novelty, non-obviousness, and u lity. However, the
ques on of inventorship is a signi cant issue when it comes to AI-generated inven ons, as it
is unclear whether the inventor should be the AI system itself or the person or team that
created and trained the AI system.
• Overall, the issue of whether AI outputs should be protected by IP is complex and s ll
evolving. As AI technology advances, it is likely that new legal frameworks and approaches
will be required to address these issues e ec vely.

-Exercise 2: What is intellectual property?

• Intellectual property (IP) refers to the legal rights that protect crea ons of the mind, such as
inven ons, ar s c and literary works, symbols, names, images, and designs used in
commerce.
• The purpose of IP law is to encourage innova on and crea vity by gran ng exclusive rights to
the creators or owners of the IP, allowing them to control how their crea ons are used and
to receive nancial bene ts from their commercializa on.
• IP can be categorized into several di erent types of legal protec on, including patents for
inven ons and processes, trademarks for brand names and logos, copyrights for literary and
ar s c works, and trade secrets for con den al informa on that provides a compe ve
advantage.

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 Week 9: legal capacity – company
-Exercise 1: Mr. Milton had a tex le factory. He set up a company and sold the business to it for
£390,000. He was paid £90,000 in cash and £200,000 in shares, the remaining six shares being held
by members of his family ac ng as his nominees. Mr. Milton lent the company the remaining
£100,000 of the purchase price, and this debt was secured by a charge on the company’s property. In
due course the company got into nancial di cul es and had to be wound up, leaving unpaid debts.
As a secured creditor, Mr. Milton recovered what he was owed in full, but there were insu cient
assets le to sa sfy the other creditors. They argued that the company was a sham used by Mr.
Milton as a front for his own business ac vi es, and that he should have to pay o the creditors
personally. How would you decide the case?

Based on the facts presented, it appears that Mr. Milton sold his tex le factory to a company that he
set up for £390,000. He received £90,000 in cash and £200,000 in shares, with the remaining shares
held by his family members ac ng as his nominees. He also lent the company £100,000, which was
secured by a charge on the company's property.
The company later became insolvent, and as a secured creditor, Mr. Milton recovered what he was
owed in full, leaving the other creditors unpaid.
The creditors are arguing that the company was a sham used by Mr. Milton as a front for his own
business ac vi es, and that he should be personally liable for the company's debts.

In order to determine whether the company was a sham or not, the court would likely consider the
following factors:
• Whether the company was set up for a legi mate business purpose
• Whether the company was adequately capitalized
• Whether the company had separate books and records from Mr. Milton's personal business
ac vi es
• Whether the company was operated as a separate legal en ty from Mr. Milton's personal
business ac vi es
• Whether the company observed corporate formali es, such as holding regular board
mee ngs and keeping accurate records

If the court nds that the company was a sham and that Mr. Milton used it as a front for his own
business ac vi es, it may "pierce the corporate veil" and hold Mr. Milton personally liable for the
company's debts.

However, if the court nds that the company was a legi mate business en ty and that Mr. Milton
complied with all the legal requirements for se ng it up and opera ng it, then Mr. Milton would not
be personally liable for the company's debts beyond what he recovered as a secured creditor.

-Exercise 2: Is there a general principle of good faith under English law?

• Yes, there is a general principle of good faith under English law.
• However, this principle is not as well developed as in some other legal systems, such as civil
law systems.
• In English law, the principle of good faith is generally understood to mean that par es to a
contract must deal with each other honestly and fairly, and not act in a way that undermines
the fundamental basis of the contract.
• The principle of good faith has been recognized in a number of contexts in English law,
including in the law of contract, trusts, and duciary du es.
• However, the extent to which it applies in any par cular case will depend on the speci c
facts and circumstances, and there is no clear and consistent test for determining whether
the principle has been breached.

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 • Overall, while the principle of good faith is recognized in English law, its scope and
applica on are s ll developing, and it remains to be seen how it will con nue to be applied
in prac ce.

-Exercise 3: 10 key facts about English contract law

• English contract law is a branch of common law that governs the forma on and enforcement
of agreements between par es.
• Contracts can be formed orally or in wri ng. However, certain types of contracts, such as
those for the sale of land, must be in wri ng to be enforceable.
• In order for a contract to be legally binding, there must be an o er, acceptance,
considera on, and inten on to create legal rela ons.
• The terms of a contract can be express, which are explicitly agreed upon by the par es, or
implied, which are inferred from the circumstances or the par es' conduct.
• If one party breaches a contract, the other party may be en tled to damages or speci c
performance (an order requiring the breaching party to ful ll their obliga ons under the
contract).
• The doctrine of privity of contract means that only the par es to a contract have rights and
obliga ons under it. Third par es generally cannot enforce a contract or be held liable for
breach of contract.
• Contracts may be terminated by mutual agreement, breach, frustra on, or by opera on of
law.
• English contract law recognizes various types of contracts, such as unilateral contracts
(where one party makes a promise in exchange for an act), bilateral contracts (where both
par es make promises to each other), and contracts of adhesion (where one party has
signi cantly more bargaining power than the other).
• Some types of contracts are subject to special rules and regula ons, such as contracts for the
sale of goods under the Sale of Goods Act 1979 and contracts for the supply of services
under the Supply of Goods and Services Act 1982.
• English contract law also recognizes certain defenses to the enforcement of a contract, such
as mistake, duress, undue in uence, and unconscionable conduct.

-Exercise 4: Considera on and promissory estoppel

Considera on and promissory estoppel are two legal concepts that are closely related to the
forma on and enforcement of contracts in English contract law.

• Considera on refers to something of value that is exchanged between the par es to a

contract. Each party must provide considera on to the other party in order for the contract
to be legally binding. This means that each party must receive something of value or bene t,
or su er some form of detriment, in return for their promise.
• Promissory estoppel is a legal doctrine that can be used to enforce a promise, even if there is
no considera on provided by the other party. In essence, promissory estoppel can be used
to prevent a party from going back on their promise if the other party has relied on that
promise to their detriment.
• For example, if a person promises to donate money to a charity and the charity relies on that
promise to undertake certain ac ons, the person may be estopped from going back on their
promise even if there is no considera on provided in return.
• In order for promissory estoppel to be applied, there are three key requirements that must
be met:
o The promise must be clear and unambiguous

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 o The promise must induce the other party to take some ac on or to refrain from taking
some ac on
o It must be unjust or inequitable for the promisor to go back on their promise

Overall, both considera on and promissory estoppel are important legal concepts in English contract
law that help to ensure that contracts are fair and enforceable, and that par es can rely on the
promises made by others.

-Exercise 5: IP rights protec on and enforcement. How can you protect the di erent types of IP
rights?

There are various ways to protect the di erent types of IP rights, which include trademarks, patents,
copyrights, and trade secrets. Below are some of the common ways to protect them:

• Trademarks: To protect a trademark, you can register it with the relevant government
agency, such as the United States Patent and Trademark O ce (USPTO) in the United States,
or the European Union Intellectual Property O ce (EUIPO) in the European Union.
Registering a trademark gives you exclusive rights to use the mark in connec on with the
goods or services for which it is registered, and allows you to take legal ac on against anyone
who infringes on your trademark.
• Patents: Patents can be protected by ling a patent applica on with the relevant government
agency, such as the USPTO. A patent gives the inventor exclusive rights to make, use, and sell
the inven on for a certain period of me. During this me, no one else can use or sell the
inven on without the inventor's permission. If someone infringes on a patent, the patent
holder can take legal ac on against them.
• Copyrights: Copyrights automa cally protect original works of authorship, such as books,
music, and artwork, as soon as they are created. However, it is a good idea to register your
copyright with the relevant government agency, such as the US Copyright O ce, to have a
public record of your ownership of the work. If someone infringes on your copyright, you can
take legal ac on against them.
• Trade secrets: Trade secrets are protected by keeping the informa on con den al and only
sharing it with those who have a need to know. It is important to have non-disclosure
agreements (NDAs) in place with anyone who has access to the trade secret. If someone
breaches the NDA and discloses the trade secret, legal ac on can be taken against them.

Overall, protec ng IP rights requires a combina on of legal and prac cal measures, including
registra on, con den ality agreements, and taking legal ac on against infringers.

-Exercise 6: Business structures. What are the advantages and disadvantages of the di erent
business structures?

There are several types of business structures, each with its own advantages and disadvantages. The
most common types of business structures are:

1) Sole proprietorship:
Advantages:
• Easy to set up and operate.
• Complete control over the business.
• No separate business tax ling, as income is reported on the owner's personal tax return.
Disadvantages:
• Unlimited personal liability for business debts and obliga ons.
• Di cult to raise capital.
• Limited growth poten al.

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 2) Partnership:
Advantages:
• Easy to set up and operate.
• Shared management and nancial resources.
• No separate business tax ling, as income is reported on the partners' personal tax returns.
Disadvantages:
• Unlimited personal liability for business debts and obliga ons.
• Poten al for con icts between partners.
• Limited growth poten al.

3) Limited Liability Company (LLC):

Advantages:
• Limited personal liability for business debts and obliga ons.
• Flexible management structure.
• Tax exibility, as LLCs can choose to be taxed as a sole proprietorship, partnership, S
corpora on, or C corpora on.
Disadvantages:
• More complex to set up and operate compared to sole proprietorships and partnerships.
• Limited growth poten al, as it can be di cult to a ract investors.
• Some states have higher fees and taxes for LLCs.

4) Corpora on:
Advantages:
• Limited personal liability for business debts and obliga ons.
• Ability to raise capital through the sale of stock.
• Poten al for unlimited growth.
Disadvantages:
• More complex to set up and operate compared to other business structures.
• Double taxa on, as both the corpora on and shareholders are taxed on income.
• More regula ons and requirements compared to other business structures.

5) Coopera ve:
Advantages:
• Shared management and nancial resources.
• Members have a say in the decision-making process.
• Poten al for shared pro ts and savings.
Disadvantages:
• Poten al for con icts between members.
• More complex to set up and operate compared to other business structures.
• Limited growth poten al.

Overall, the choice of business structure depends on factors such as the nature of the business, the
number of owners, and the goals of the business. Each business structure has its own advantages
and disadvantages, and it is important to carefully consider these factors before choosing a structure.

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 Week 10: intro to civil law – obliga on

-Exercise 1: The principle of freedom of contract. How does the law limit the freedom of the
par es?

The principle of freedom of contract allows par es to freely nego ate and enter into contracts based
on their own terms and condi ons.

However, the law also places certain limita ons on the freedom of the par es to protect public
policy, fairness, and other important values.

Below are some of the ways in which the law limits the freedom of the par es in a contract:
• Illegal contracts: Contracts that are illegal or violate public policy are not enforceable by law.
For example, contracts for the sale of illegal drugs or the commission of a crime are not
legally binding.
• Contracts against public policy: Contracts that are against public policy, such as contracts that
are intended to harm the public or that violate a statute or regula on, are not enforceable
by law.
• Contracts with minors: Minors (people under the age of 18) may lack the legal capacity to
enter into contracts, and contracts with minors may not be enforceable by law.
• Contracts with incapacity: Individuals who lack the mental capacity to understand the terms
of a contract may not be able to enter into contracts, and contracts with such individuals
may not be enforceable.
• Unconscionable contracts: Contracts that are so one-sided that they are fundamentally
unfair and oppressive to one party may be deemed unconscionable and unenforceable.
• Duress and undue in uence: Contracts that are obtained through duress (force or threats) or
undue in uence (manipula on or coercion) may not be legally binding.
• Statutory regula on: Certain types of contracts are subject to statutory regula on, such as
contracts for the sale of goods or services, employment contracts, and consumer contracts.
These contracts must comply with the relevant statutes and regula ons, which may limit the
freedom of the par es to nego ate certain terms.

In summary, while the principle of freedom of contract allows par es to nego ate and enter into
contracts based on their own terms and condi ons, the law places certain limita ons on that
freedom to ensure that contracts are fair, reasonable, and in line with public policy.

-Exercise 2: The di erence between the legal systems. How does the English contract law di er
from the French contract law?

• English and French contract law have some signi cant di erences that arise from the legal
tradi ons and historical development of each country.
• One key di erence between English and French contract law is the approach to contractual
interpreta on. In England, courts tend to focus on the literal meaning of the words in the
contract, while in France, courts place more emphasis on the inten on of the par es and the
context of the agreement.
• Another di erence is the role of formali es in contract forma on. In England, contracts can
be formed through simple agreement between the par es, whereas in France, certain types
of contracts require formali es such as wri en documenta on or notariza on.
• In addi on, English and French contract law di er in the treatment of contractual remedies.
In England, the primary remedy for breach of contract is damages, while in France, courts
may order speci c performance, which requires the breaching party to ful ll their obliga ons
under the contract.

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 • Furthermore, English and French contract law have di erent approaches to contractual
liability. In England, liability for breach of contract is generally limited to foreseeable losses,
while in France, the breaching party may be liable for all losses resul ng from the breach,
regardless of foreseeability.
• Finally, the two legal systems di er in their approach to pre-contractual nego a ons. In
England, there is no general duty to nego ate in good faith, whereas in France, par es are
required to nego ate in good faith and failure to do so may result in liability for damages.
• Overall, while there are some similari es between English and French contract law, there are
also signi cant di erences that re ect the unique legal tradi ons and historical development
of each country.

Week 11: contract more in detail

-Exercise 1: Your atmate John purchased a table and four chairs from an online furniture shop
last week. The adver sement showed that the table was square and painted blue but they sent a
round green table. The chairs do not appear as strong as in the adver sement and one of them hast

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 just broken down as he sat on it for the rst me. He wrote them an email complaining about all
these problems, but the retailer has never replied. He has requested your help. Please write an email
advising him on whether his consumer rights have been breached and what remedies he may have.

Dear John,
I am sorry to hear about the issues you've experienced with your recent furniture purchase. Based
on the informa on you've provided, it seems that the online retailer may have breached your
consumer rights.
• Firstly, with regards to the table, it appears that the retailer has sent you a product that does
not match the descrip on adver sed. This is a breach of the Consumer Rights Act 2015,
which requires products to be as described. You have a right to a refund or a replacement
that matches the descrip on.
• Secondly, regarding the chairs, it appears that they may be of poor quality and one of them
has already broken. This is also a breach of the Consumer Rights Act 2015, which requires
products to be of sa sfactory quality and t for their intended purpose. You have a right to a
refund or a replacement for any faulty products.
• Lastly, the fact that the retailer has not responded to your email complaint is also a breach of
their legal obliga ons. Under the Consumer Contracts (Informa on, Cancella on and
Addi onal Charges) Regula ons 2013, retailers are required to respond to complaints within
a reasonable meframe.
• Therefore, I recommend that you take the following steps:
o Send a follow-up email to the retailer, sta ng that you believe your consumer rights have
been breached and reques ng a refund or replacement for the table and chairs.
o If the retailer does not respond or does not provide a sa sfactory solu on, you can
consider raising a formal complaint with their customer service department or escala ng
the issue to a consumer protec on agency or ombudsman.
o If you paid for the items with a credit card, you may also have addi onal protec on
under the Consumer Credit Act 1974, which allows you to claim a refund from the credit
card company if the retailer is unable to provide one.
I hope this helps, and please let me know if you have any further ques ons.
Best regards,
[Your Name]

-Exercise 2: Remedies for breach of contract - Johnny Cab, a world-famous comedian, has agreed
to perform at The Happy Club in Cardi from the 1st February un l the 1st March. A term of the
contract provides that ‘Johnny Cab will not perform at any other venue for the dura on of the
contract.’ Mike, the owner of The Happy Club, discovers that Johnny is due to perform at the
Millennium Centre in Cardi on the 15th February and that Johnny agreed to perform there a er he
entered into the contract to perform at The Happy Club. Mike contacts Johnny to inform him that, if
he performs at the Millennium Centre, he will be ac ng in breach of contract. Johnny tells Mike that
he intends to go ahead with his performance at the Millennium Centre and that, if Mike tries to
prevent him from performing there, then Johnny will refuse to perform at The Happy Club. Mike is
keen for Johnny to perform there as ckets for his performances have already sold out and having a
comedian of Johnny’s fame will bring pres ge and publicity to the venue.

a) Can Mike prevent Johnny from performing at the Millennium Centre?

Yes, Mike can prevent Johnny from performing at the Millennium Centre if it is a breach of
the contract. The contract between Johnny and The Happy Club speci cally states that
Johnny will not perform at any other venue for the dura on of the contract, and if he does, it
would be considered a breach of contract. Mike can seek an injunc on from the court to
prevent Johnny from performing at the Millennium Centre.

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 b) Can Mike compel Johnny to con nue performing at The Happy Club?
No, Mike cannot compel Johnny to con nue performing at The Happy Club if he has already
breached the contract by agreeing to perform at the Millennium Centre. The breach of
contract by Johnny gives Mike the right to terminate the contract. However, Mike may be
en tled to seek damages for any losses su ered as a result of Johnny's breach.

c) If Johnny refuses to perform at The Happy Club, what remedies are available to Mike?
If Johnny refuses to perform at The Happy Club, Mike may be en tled to seek damages for
any losses su ered as a result of Johnny's breach of contract. Mike can claim for losses
resul ng from Johnny's failure to perform, such as loss of revenue from cket sales or
expenses incurred in promo ng the show. Alterna vely, Mike can seek speci c performance
from the court, which would require Johnny to ful ll his obliga ons under the contract and
perform at The Happy Club as agreed. However, if Johnny refuses to perform, damages may
be the only remedy available to Mike.

-Exercise 3: Consumers and employment contracts, and du es of company directors

Consumers Contractual Protec on:

• Consumer contractual protec on is a set of legal rights and protec ons designed to ensure
that consumers are treated fairly in contractual transac ons. These protec ons are put in
place to help ensure that consumers are not unfairly exploited by companies that may be
more powerful or have more bargaining power than the individual consumer.
• In the UK, consumers are protected by a number of laws, including the Consumer Rights Act
2015 and the Unfair Contract Terms Act 1977. These laws provide a number of rights and
protec ons to consumers, including the right to receive goods and services that are of
sa sfactory quality and t for their intended purpose, the right to have clear and concise
terms and condi ons, and the right to cancel contracts for certain types of goods and
services.

How Consumers can Enforce their Rights:

• If a consumer believes that their rights have been violated or that they have been treated
unfairly in a contractual transac on, there are several ways in which they can enforce their
rights. In the rst instance, the consumer should try to resolve the issue directly with the
company. This may involve contac ng the company's customer service department or
submi ng a complaint through their website.
• If the issue cannot be resolved through direct communica on with the company, the
consumer may wish to seek legal advice. A solicitor or legal representa ve can help the
consumer to understand their legal rights and may be able to assist in nego a ng a
resolu on with the company.
• If legal ac on is necessary, the consumer can bring a claim to the courts or seek assistance
from an alterna ve dispute resolu on (ADR) service, such as media on or arbitra on.

Employment Contractual Protec on:

• Employment contractual protec on is a set of legal rights and protec ons designed to ensure
that employees are treated fairly in the workplace. These protec ons are put in place to help
ensure that employees are not unfairly exploited by employers or subjected to unfair
treatment or discrimina on.
• In the UK, employees are protected by a number of laws, including the Employment Rights
Act 1996, the Equality Act 2010, and the Working Time Regula ons 1998. These laws provide
a number of rights and protec ons to employees, including the right to receive a wri en
statement of employment terms and condi ons, the right to a minimum wage, and the right
to a safe and healthy working environment.

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 How Employees can Enforce their Rights:
• If an employee believes that their rights have been violated or that they have been treated
unfairly in the workplace, there are several ways in which they can enforce their rights. In the
rst instance, the employee should try to resolve the issue directly with their employer. This
may involve raising the issue with their line manager or HR department.
• If the issue cannot be resolved through direct communica on with the employer, the
employee may wish to seek legal advice. A solicitor or legal representa ve can help the
employee to understand their legal rights and may be able to assist in nego a ng a
resolu on with the employer.
• If legal ac on is necessary, the employee can bring a claim to the employment tribunal or
seek assistance from an ADR service, such as media on or arbitra on.

Du es of Company Directors with Regard to Contracts:

• Company directors have a number of legal du es and obliga ons with regard to contracts.
These du es include ensuring that the company enters into contracts that are in the best
interests of the company and that the terms of the contract are fair and reasonable.
• Directors must also ensure that they act within their powers and in accordance with the
company's cons tu on when entering into contracts. They must act with reasonable care,
skill, and diligence, and must not use their posi on for personal gain.
• If a director breaches their du es with regard to contracts, they may be held personally liable
for any losses su ered by the company as a result of their ac ons. This can include being
required to repay any pro ts made as a result of the breach or being disquali ed from ac ng
as a director in the future

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 Mock exams
-Exercise 1:
Your friend Mary has just moved to Lisbon. She is allergic to several things and is very unhappy that
the products' labels do not detail all the possible allergens. This has caused her a lot of problems.
She would like to see the law changed so that in the future manufacturers and retailers give
extensive informa on on the labels about allergens on the products placed on the market. She has
requested your advice about what she could do. Please write a le er to your friend advising her
about the legal, poli cal or ethical choices open to her both at the na onal and interna onal level.

Dear Mary,
I'm sorry to hear that you've been struggling with your allergies since moving to Lisbon. I understand
how frustra ng it can be to not have access to detailed informa on about allergens on product
labels.
• In terms of legal op ons, you could consider lobbying the Portuguese government to change
the law to require more extensive informa on on allergens on product labels. This could be
done through various channels such as contac ng your local representa ve or wri ng to the
Minister of Health or Consumer A airs. You could also consider reaching out to consumer
protec on organiza ons in Portugal to see if they have any ongoing campaigns related to this
issue.
• At the interna onal level, you could also consider advoca ng for change through
organiza ons such as the European Commission, which sets standards for food labeling
across the EU. The European Food Safety Authority (EFSA) is another organiza on that could
be helpful in advoca ng for stricter allergen labeling regula ons.
• In terms of ethical choices, you could also consider making informed choices about the
products you purchase by doing research on the manufacturer's policies and prac ces
related to allergen labeling. By choosing to purchase products from companies that priori ze
allergen labeling, you can help support businesses that priori ze consumer safety and
encourage others to do the same.
I hope this advice helps you navigate the challenges of living with allergies in a new country. Please
let me know if there is anything else I can do to support you.
Best regards,
[Your Name]

-Exercise 2: Cri cally discuss the importance and the main dis nguishing features of English
contract law

English contract law is widely recognized as one of the most important and in uen al legal systems
in the world. It has been developed over centuries and con nues to evolve to meet the needs of
modern society. The following are some of the main dis nguishing features and importance of
English contract law:

1) Freedom of contract: English contract law is based on the principle of freedom of contract,
which means that par es are free to nego ate and agree on the terms of their contract. This
principle is important because it allows par es to tailor their agreement to their speci c
needs and circumstances, and enables them to create binding legal obliga ons that are
enforceable in court. (excep ons: employment, consumers, compe on law, sale of land)
2) common law (cases) and statutory law (vs French law: civil code)
Common law system: English contract law is based on the common law system, which means
that the law is developed through judicial decisions rather than legisla on. This allows for
greater exibility and adaptability, as judges can take into account changing social and
economic condi ons when making decisions.
3) Doctrine of privity: The doctrine of privity is a key feature of English contract law, which
holds that only par es to a contract can enforce its terms. This means that third par es who

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 are not party to the contract, such as employees or customers, cannot bring a claim under
the contract. This principle is important because it allows par es to have greater control over
who can enforce their contractual rights.
4) Remedies: English contract law provides a range of remedies for breach of contract, including
damages, speci c performance, and injunc ons. This ensures that par es can be
compensated for any losses they su er as a result of a breach, and encourages compliance
with contractual obliga ons.
5) Precedent: English contract law relies heavily on precedent, which means that previous
decisions of the courts are binding on lower courts in similar cases. This promotes
consistency and predictability in the law, and helps to ensure that the law is applied fairly
and impar ally.
6) no general principle of good faith (vs French law: good faith in the forma on and
performance of a contract)
7) considera on (vs French law: the will of the par es)

The importance of English contract law lies in its in uence on the development of contract law in
other jurisdic ons around the world. Its principles have been adopted in many common law
countries, and its commercial law is o en used as a benchmark for interna onal trade. Its exibility
and adaptability also mean that it can con nue to evolve to meet the needs of modern society.

However, it is also important to note that English contract law has been cri cized for being overly
complex and technical, which can make it di cult for par es to understand and comply with its
requirements. The doctrine of privity has also been cri cized for being too strict, which can lead to
unfair outcomes in certain cases. Nonetheless, despite its cri cisms, English contract law remains a
cornerstone of commercial law around the world.

-Exercise 3: Compare the civil law and common law legal tradi ons. State their salient
characteris cs and name at least three countries that belong to each tradi on.

Civil law and common law are the two main legal tradi ons that have emerged in the world.

Civil law is a legal system that originated in Roman law and is based on wri en legal codes. It
emphasizes the role of judges in interpre ng the law and applying it to individual cases. Some of the
salient characteris cs of civil law include:
• The legal system is based on codi ed laws and regula ons (Civil Code, Commercial Code,
etc.)
• The emphasis is on wri en law, rather than on judicial decisions and precedents.
• The role of judges is primarily to interpret and apply the law, rather than to create new legal
principles through case law.
• No binding precedent (but decisions of higher courts may be persuasive)
• Inquisitorial system of jus ce (historically, but more adversarial nowadays)
• Examples of countries with civil law systems include France, Germany, Italy, and Japan.

On the other hand, common law is a legal system that originated in England and is based on judicial
decisions and precedents. It emphasizes the role of judges in developing the law through their
decisions in individual cases. Some of the salient characteris cs of common law include:
• The legal system is based on case law (judge-made law=common law and equity), statute
and precedents.
• The emphasis is on the role of judges in interpre ng the law and developing legal principles.
• Legal decisions are made based on the facts and circumstances of individual cases.
• Judges may create law and interpret and apply statute

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 • System of binding precedent (the ra o decidendi of decisions of higher courts are binding on
the lower courts when the material facts of the case are similar, obiter dicta are persuasive)
• Adversarial system of jus ce (the trial as a contest between the par es, but a more ac ve
role of the judges nowadays)
• Examples of countries with common law systems include the United States, the United
Kingdom, and Australia.

There are some key di erences between these two legal tradi ons, including:
• The source of law: Civil law is based on wri en legal codes, while common law is based on
case law and judicial decisions.
• The role of judges: In civil law, judges primarily interpret and apply the law, while in common
law, judges play a more ac ve role in developing legal principles.
• The use of precedents: In civil law, precedents are less important than in common law, where
they are a primary source of legal guidance.

In conclusion, while both legal tradi ons have their own unique features, they each have their own
strengths and weaknesses. Understanding these di erences is important for lawyers and legal
scholars opera ng in di erent legal systems around the world.

-Exercise 4: Your friend Peter was hired to work as a recep onist for a hotel to get some work
experience. He made an oral agreement with the manager of the hotel. Two weeks a er star ng
work, he gets more informa on and is a bit concerned about the work condi ons:
• he has to work every day for 10 hours but there is only one 20-minute break
• he must work six days a week
• he was informed that he will be en tled to a week-holiday for the rst 5 years and the dates
will be determined by the manager
• he was told that when there is no work at the recep on, he needs to help clean the
bedrooms or help out at the kitchen
• he has found out that he gets paid 3 euros the hour while the female colleagues get paid 4
euros the hour
• If a guest leaves without paying, all the employees have to pay what remains unpaid
Please write an email advising him whether there are any breaches of his employment rights and
what remedies he has against his employer.

Dear Peter,
I am sorry to hear that you are experiencing some issues with your employment at the hotel. Based
on the informa on you have provided, it appears that there may be some breaches of your
employment rights.
• Firstly, it is important to note that you are en tled to rest breaks under the law. A 20-minute
break during a 10-hour workday may not be su cient, and you should discuss this with your
manager to see if it can be adjusted to comply with legal requirements.
• Secondly, the requirement to work six days a week without a day o may also be a breach of
your employment rights. In most countries, employees are en tled to a certain number of
rest days per week, and you should check what the legal requirements are in your
jurisdic on.
• Thirdly, the requirement to work in other areas of the hotel, such as cleaning bedrooms or
helping out in the kitchen, may be beyond the scope of your job descrip on and could be
considered a breach of your contract.
• The pay discrepancy between you and your female colleagues is also concerning and may be
a viola on of discrimina on laws. It is important to ensure that all employees are paid
equally for the same work.

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 •Finally, the requirement for all employees to pay for any unpaid guest bills is likely to be
illegal and should be raised with your manager immediately.
• In terms of remedies, you have a number of op ons. You could try speaking to your manager
about your concerns and see if they are willing to make any changes to your employment
condi ons. If this is not successful, you could consider making a formal complaint to a labor
authority or seeking legal advice from an employment lawyer.
I hope this informa on is helpful, and please do not hesitate to reach out if you have any further
ques ons.
Best regards,
[Your Name]

-Exercise 1: Freedom of contract

Freedom of contract refers to the principle that individuals and organiza ons have the right
to enter into binding agreements with each other on terms that they freely nego ate and
agree upon. This principle is a cornerstone of modern contract law and is enshrined in many
legal systems around the world.

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 Under the doctrine of freedom of contract, par es to a contract are generally free to agree
on any terms that they wish, subject to certain limita ons such as public policy
considera ons and statutory regula ons. This means that par es can nego ate the price,
delivery date, payment terms, and other details of a contract in a way that suits their
individual needs and preferences.
However, freedom of contract is not an absolute principle, and there are certain
circumstances under which it may be limited or curtailed. For example, contracts that are
found to be unconscionable, illegal, or against public policy may be declared void or
unenforceable by a court. In addi on, many jurisdic ons have laws that provide certain
protec ons for consumers, employees, and other vulnerable par es, which may limit the
freedom of contract in certain situa ons.
Overall, freedom of contract is an important principle that allows individuals and
organiza ons to freely nego ate and enter into binding agreements with each other.
However, it is important to keep in mind that this principle is subject to certain limita ons
and restric ons in order to protect the public interest and promote fairness and equity in
contractual rela onships.

-Exercise 2: Loan agreement between friends and family members and other third par es

When entering into a loan agreement between friends and family members, or with other
third par es, it's important to ensure that the terms of the agreement are clear, well-
documented, and enforceable. Here are some key considera ons:
Interest rate: It's important to agree on an appropriate interest rate for the loan, which
should be fair and reasonable. The interest rate should also be consistent with any legal
requirements or restric ons that may apply.
• Repayment terms: The loan agreement should specify the repayment terms,
including the amount of the payments, the frequency of payments, and the
repayment period. It's also a good idea to discuss any poten al issues that may arise,
such as late payments or default.
• Collateral: Depending on the size and nature of the loan, it may be necessary to
provide collateral to secure the loan. This could be in the form of property, assets, or
other forms of security.
• Legal documenta on: While it may be temp ng to rely on informal agreements or
verbal promises, it's important to ensure that the loan agreement is properly
documented in wri ng. This can help to avoid confusion or misunderstandings down
the line, and can also provide a legal basis for enforcing the terms of the agreement.
• Third-party advice: Depending on the complexity of the loan agreement, it may be
helpful to seek advice from a legal or nancial professional. This can help to ensure
that the terms of the agreement are fair, reasonable, and legally enforceable.
Overall, when entering into a loan agreement with friends, family members, or other third
par es, it's important to approach the agreement with care and a en on to detail. By
ensuring that the terms of the agreement are well-documented, enforceable, and fair, it's
possible to establish a successful lending rela onship that bene ts all par es involved.

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 -Exercise 3: What is the process and to whom should a ci zen ask to change or implement
a new law at na onal and interna onal level. Talk about eu insitu ons and other type of
organiza ons

The process for changing or implemen ng a new law at the na onal and interna onal level
can vary depending on the legal system or organiza on involved. Here is an overview of the
process and the ins tu ons involved in the European Union (EU) and other organiza ons:
European Union (EU):
• Iden fy the issue: The rst step is to iden fy the issue or problem that needs to be
addressed.
• Research exis ng laws: It's important to research exis ng EU laws and regula ons to
determine whether there are already laws in place that address the issue.
• Consult with stakeholders: Consult with stakeholders who may be a ected by the
proposed law, such as industry groups, advocacy groups, and other interested
par es. This can help to ensure that the proposed law is well-informed and takes into
account the concerns and perspec ves of all relevant par es.
• Dra a proposal: Dra a proposal for the new law or amendments to exis ng laws.
This should include a clear and concise explana on of the problem that the law seeks
to address, the proposed solu ons, and the poten al impacts of the law.
• Submit the proposal: The proposal can be submi ed by the European Commission,
which is responsible for proposing new laws and amendments to exis ng laws, or by
the European Parliament, which can propose amendments to the proposals made by
the Commission. The proposal is then reviewed by the Council of the European
Union, which is made up of representa ves from the na onal governments of EU
member states.
• Advocate for the proposal: Once the proposal has been submi ed, it's important to
advocate for its adop on. This could involve working with other stakeholders to build
support, engaging with lawmakers or decision-makers, and communica ng the
importance of the proposed law to the public.

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