EU LAW Term Paper Example | Topics and Well Written Essays - 1500 words

EU LAW - Term Paper Example This implies that there was the evolution of certain relevant legal principles from a national level to conform with European Union laws and systems. The potential conflict led to the creation of the General Principles of European Union Law. The General Principles created a framework through which the new legal instruments of the common market could be streamlined and applied in all national jurisdictions (Tridimas, 2006). The General Principles include a set of concepts that guide the courts in the enforcement of European Union Laws (Schwarze, 2006). They are invoked to ensure that the potential tensions between EU law and local laws are minimized. More importantly, they are applied to ensure that the spirit of the European Union law is honoured in cases. They main concepts in the General Principles of EU Law include fundamental right, proportionality, certainty, equality and subsidiarity (Foster, 2011). Individuals can therefore request for review of their cases on the bases of these principles when they feel it is not fully honoured. Article 5 (3) of the EC Treaty states that â€Å"Any action by the Community shall not go beyond what is necessary to achieve the objectives of this treaty†. This implies that the interpretation of EU law should not be done such a way that people will incur disproportionate hardships. In R V Intervention Board ex parte Man (Sugar) Ltd1, a company was to incur over a million dollars in fines because their application for a permit delayed by a few hours. It was held that the fine could not be imposed on the company because of this principle. The European Union honours the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law amongst Member States (Article 6). This means that the fundamental rights of individuals must be respected in every case. Courts must be sensitive to the rights of humans in cases that are brought

Effective Approaches in Leadership and Management (Benchmark Essay

Effective Approaches in Leadership and Management (Benchmark Assessment) - Essay Example As O’Donnell and Bensky (2011) portray, the core focus is towards addressing the prevailing structural issues that have often hindered optimal outcomes. Optimal outcomes as I perceive, necessarily pertain to aspects such as better health care and lower medical cost/ expenditure. In line with this is the need of the nursing fraternity to aptly adapt to the expected dynamism within the healthcare system. Conformity subsequently necessitates various changes, in line with tackling influential structural issues like utility of contract medical employees, unit restructuring and foreclosure, nursing shortage and turnover rates, staffing ratios, magnet designation, patient satisfaction, and continuous improvement of quality healthcare provision (O’Donnell & Bensky, 2011). A critical issue amongst the aforementioned would be patient satisfaction in terms of overall treatment and positive result outcomes. Towards tactfully addressing this issue, is the need of overall conformity that necessitates a variety of changes. Definitively, the optimal course of direction is towards evolving healthcare into a more patient-centered profession. In such contexts, optimal healthcare ought to be responsive to and respective of personal preferences, needs and values of the individual patient. Through this, leadership and management can strategically strive towards ensuring that individual patient values do guide all forms of clinical decisions. Influential in this regard as Bohm (2012) alludes, is the fact that there has long lacked the incorporation of patient-centered care especially in terms of care quality assessments, as well as subsequent health outcomes. Rather, quality measurement has continuously focused on addressing preventive care and disease-specific processes instead. Similarly, outcome measurement continuously has focused on condition-specific indicators in terms of overall,