This is the page for Caroline Bradley’s EU law class at the University of Miami. This class will be offered in Spring 2016 and will meet on Wednesdays and Fridays from 11.00 am to 12.20pm in room F108.
Mid semester writing assignment: I have finished grading the answers to the hypothetical question. If this was the question you wrote about you should be able to collect your answers with my comments from Adoracion Carrillo tomorrow. I am working on a memo.
Here is the Memo on Question 1.
Here is the Memo on Question 2.
I have not yet finished grading the essays on the Mace quotation but plan to have finished doing so by the end of the day tomorrow. This means that you won’t be able to collect them before Thursday ( we need to make copies). It may be possible for us to email your essay with comments to you if you are unable to come into the School.
There will be a review session on Wednesday 4 May in F108 from 2-4pm. This will be an opportunity for you to ask questions and we will also consider:
1. the Spring 2012 exam
2. Arcadia is a Member State of the EU. Emma is a laboratory technician employed by the Arcadian Environment Ministry.
(Fictitious) Directive 2014/555 (the Directive) provides that all overtime worked by laboratory technicians must be paid at no less than three times the normal hourly rate. The Directive also provides that laboratory technicians must receive health and safety training. An annex to the Directive sets out the details of the required training, which must include sessions covering all new handling techniques relating to toxic substances. The deadline for implementation of the Directive was 31 December 2015.
The (fictitious) Laboratory Technicians Act 1960 enacted by the Arcadian Legislature (the Act) provides that all overtime worked by laboratory technicians must be paid at no less than twice the normal hourly rate. The Act also provides that all laboratory technicians must receive health and safety training but does not specify the content of the training.
Emma does sometimes work overtime. When she does so she receives twice her normal hourly rate of pay in accordance with the terms of her contract of employment. Emma isn’t very happy about this as friends of hers who work as laboratory technicians in Ruritania (another EU Member State) are paid for their overtime at a rate of three times their normal hourly rate of pay. When Emma complained she was told that her overtime rate complies with the Act.
Last month, Emma came into contact with a toxic substance at work and, as a result, suffered respiratory problems. Although Emma has received health and safety training at the Environment Ministry the training has not included training in recently developed handling techniques for toxic substances. Emma believes that such training would have protected her from the health risk associated with the toxic substance.
What are Emma’s rights under EU law? What would her rights be if she were employed by a business which carried out environmental texts similar to those which the Ministry carries out?
5. The final exam will combine hypothetical and thematic essay type questions to test how well you can identify the legal issues raised by a set of facts and apply the relevant rules of EU law to those facts and how effectively you have been thinking through the issues raised by the materials we have studied. I will give you a choice of essay questions. We will think about what sorts of issues might make appropriate topics for such questions.
Have a good weekend.
April 10: Here is a link to the story about French farmers emptying Spanish wine from trucks.