eSignature Lawfulness for Distributor Agreement in European Union

How to eSign a document: e-signature lawfulness for Distributor Agreement in European Union

hi everybody back to law here Oh congratulations if you pass some of your empty ones and I love spending all your messages saying thank you for the concise notes and so I never say I guarantee that you'll pass but I'm pretty sure that if you buy them in order to pass and so I'm actually just completing the e-book for you law and you'll see it up on my website and very proud of it the more familiar our with this bad boy and the better I actually have memories of bringing this with me when I was a swim teacher in Germany I would bring this always on the boss now I've actually made a list why people fail and EU law exam and this can also be applied to other everyone's and so obviously the biggest reason is not answering five the next one is not knowing enough legislation in cases and in my opinion in the EU law exam this is unforgivable when you are allowed bringing the legislation the cases can be forgiven bought will say if you only know one case or two cases on every topic he's not gonna like that and highlight cases and relevant legislation and actually what this does is it psychologically it primes him to think that you know what you're talking about and the only thing he doesn't like is and people who don't write legibly now that's the only fu1 examiner i've seen to point that i was boss it's actually a fairly legitimate concern i mean you may be the best if you want candidate in the world but if you don't set out in a legible manner what the answer is you're going to get their back so i I advise to avoid the case law question now this is totally up to you but if you're thinking in a logical and rational manner about the time you have to study why would you take a look II dip at eight cases and what you study my not easy because everything is in the legislature I have so will say like and if you're talking about sources of EU law I have highlighted in yellow every single dirty EU or TF EU and article and if you don't know the difference between those you ain't doing the examinee if you want to get a really high mark in DFU one and this is across the board in all the subjects you have to bring in your own opinion which is insightful and you have to bring up some articles and academic commentary obviously if you have all the time in the world you can read around the topics but that's not what this channel is based on this channel is based on people who are at time pressures working in a job I want to get the basic facts and passed the exam and are not going for high grades I'll be they don't pay attention when there's a choice of question look out for small words like and and or so the other thing he doesn't like is when you just like right for bottom on a directive or a regulation so for example on the on the citizen's right directive which is copied and fall into your Blackstone's if he asks you your questions about citizen's rights and you start just right and stuff and then lifting the text from the open book you're going to fail the question because you're not answering the question and this is the trap we're all from books open book exams and you'll find this under PPC one of the PPC - as well people write oh my god is so easy because I got to bring in my book into the exam oh no oh my god no it's way harder when you need to bring a book into the exam you're being marked harder because the examiner is like well you have to low in front of you so if you haven't done the work to find it and understand what it's about a low failure and clients are gonna want to like your job to say so you can't do this to a client and you can't do an exam anyway since you know cuz this is a professional exam by the way it's an S II it's the first examination into the profession you know don't get twisted okay so when I cut the generator jibber-jabber about EU law and bear in mind please apply that jibber-jabber to all other subjects and now we're gonna get down to the nitty-gritty which is the March 2019 euro paper now all this stuff is available on the last Society I'm just summarizing it because I think it's actually useful to go through it and give my two and four pens and so I'm gonna cut to the chase okay so the first question it was a a nice question because it sends people down it's a question about the institutions of the EU set the nerves I would advise to do that one first I think he's trying to be nice by putting it on however you need to read it carefully because what he says is outlined the roles of the various EU institutions in the you know making and it says how these rules were changed by Lisbon that's that's the hard bit because you can be like the Commission regarding to the treaties Parliament direct representation and you know the council if the EU is the member state representatives and we're done but you didn't ask the question you didn't tell me how their roles have changed since Lisbon and that requires a bit so question two was a question on the direct effect of directives and how would you know this so it's quite a long problem question it's about and not including substances in paint stripper it's a it's just a minute made of directives as you know directives are transposed into the national legislation by regs and they don't have to and they don't have to be word-for-word there can be some member state deviation on directives depending on that that's why their directives depending on what the national situation is already in relation to that topic so it allows the Irish legislature to provide the quantity of this chemical as in what quantity of this chemical is not allowed in the paint's tree and whereas the directive has said and those substances are not allowed to be in the paint stripper at all so this is kind of a wide gap between what the directive intended and what the Irish legislature actually did question three is actually quite classic it's a reference to article 263 procedure and the effect of judicial protection it's a nice essay and he also quotes and you clearly cancel AG Jacobs quote about and the being individually concerned and so here you would look at locust and die and you go through developments here and you talk about Plowman and Greenpeace and Cora knew and I've done all of that in my notes that was a nice essay question for relates to the freedom of movement of goods and so here you have someone selling bread and what happens is then there are told that they're not allowed to use certain descriptive words like traditional farmhouse and artisan in their products and they've been reserved for small-scale producers only so yeah the key issue is that the stage can justify the imposition of this regulation so is it for consumer protection or the protection of commercial rights so in my notes you need to understand what measures equipment having equivalent effect to that of customs duties and quanta prescriptions actually mean so if it's quantitative which is not payment of money restrictions on imports or measures having equivalent effect that's it any that's a me cure and that would be for an example an overt water and what you do is you look to the effect of the quota and at the aim of the quota and then exceptions on the prohibition are Article 36 so this is not a monetary restriction so they export $25,000 of their farmhouse Irish soda bread to Germany every week and here it says any bread manufacturer who produces more than fifteen thousand loaves per week they are no longer allowed to use those descriptive words so that is their there ten thousand loaves above the quantity so it's a measure equivalent to a quantitative restriction so in question five an actress is experiencing some wealth alleged discrimination which calls for a job in Scotland and we're told words that's the the Scottish Board of Performing Arts is state-funded and this would automatically lead us to start writing crazy about article 45 tfu and whether the employers state funded or not it doesn't really make a big difference because actually article 45 can apply to private employers as well so what you would do is go to my notes and first of all you need to establish she's a worker then you have to look at who her in the floor is and so I have that done as well and you have to remember as well that and there are exceptions to the rule so if there's an overriding requirement in the public interest applied in the non-discriminatory manner and there is also a public service exemption but that doesn't really apply here and then what you would do is look to this secondary legislation which applies to workers so for example as I said before there is a regulation on tree removal to workers and that is in your black stones and looks for equal treatment in renumeration social and tax advantages and trade union membership so to my mind I think she will be better off using that regulation for her case and question six was a really lovely question it's one I definitely would have done it was a critical assessment on the status of human rights in the EU legal order referred to CJ UK's law and to other EU primary law like the charge of fundamental rights of the EU which is actually in your Blackstone's you can also use caddy so caddy was from Saudi Arabia and he was living in Sweden and what he actually did was set up the charity first Somalian refugees and when he became connected well allegedly connected with al-qaeda and Osama bin Laden and the Swedish authorities just froze all his bank accounts and he took a case to the CJ you even got his human rights had been breached and that he wasn't given a thing okay so the last question is on mergers in my notes I talked about the substantive test for a merger control and how about the significant impediment of effective competition which is the seek test and [Music] which is different to dominance under Article one or two because it's more an merger merger was the word orientated and what it does is it upholds the established good practice and case law as regards to dominance but at the same time it takes a more affects based approach when exam in assessing mergers which is important because when two companies come together and they may not be dominant before the merger it's afterwards which is important so they couldn't apply the dominance test to how they are right now is they needed a creative solution so you know all in all and my notes are if you had my notes and you did the March 2019 paper you would have been extremely well covered I traditionally only cover eight topics and every one of my ebooks and I can always guarantee you that you'll pass the exam on those eight topics so thank you very much for watching and next video is criminal law which will film straight after this one so stay tuned