Thursday, February 20, 2020
Contemporary Developments in the EC Law Essay Example | Topics and Well Written Essays - 2750 words
Contemporary Developments in the EC Law - Essay Example Council Regulation Number 1612/68 of the EEC defines a migrant worker as a national of any member state of the EU who seeks employment in any other member state and it enjoins upon the member states to treat the migrant worker on par with the indigenous workers. Article 12 of the EC Treaty enjoins upon the member countries to accord facilities to the children of workers from other member countries, who are or were employed in that member country, similar to those that it does to the children of its own citizens3. Article 18(1) of the EC Treaty, bestows on every citizen of the union the right to free movement and residence within the territory of the Member States. EC Directive 2004/38 amends Regulation 1612/68 of the EEC to the effect that a citizen of the Union can reside in another Member State for three months with a valid passport or identity card. For subsequent periods, extending to five years thereafter, such residence is conditional, in as much as that such a person must be either a worker, self-employed or "have sufficient resources so as not to become a burden on the social security system of the host State and have comprehensive sickness insurance"4. Ms Jones after graduation from Sunderland University in 2005 with a Business Degree went on a European tour. While in Spain she applied for a post as an English teacher at a Financial Securities Academy. However, at the interview she discovered that she was ineligible for this post as she was not a Spanish national and since such posts had been classified as belonging to the "public service", and for which only Spanish nationals could be appointed, resulting in the ineligibility of non-nationals. Ms Jones was denied employment on the grounds that she was not Spanish National. However, Article 5 of Title I of the EU Regulation 1612/68, which has been discussed above, deals with the free circulation of workers within the European Union, directs the State employment offices have to render help to an EU foreigner seeking employment in another EU country, which is akin to that rendered to their own nationals. Article 1 of the EU Regulation 1612/68, states that any national of a Member State, shall, irrespective of her place of residence, have the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State. She shall, in particular, have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State5. According to Article 12, a Spanish Work or Residence permit, is not only available to any EU worker but also to any family member of the EU worker. All of these rights regarding the free circulation of workers within the European Union are set out in EU Regulation. Title 1 of these regulations specifically prohibits any member country from applying rules or imposing unusual conditions in respect of employment of EU foreigners. It is also prohibited to force foreigners to register with employment offices as a precondition for employment. Further, it is proscribed to raise obstacles in the hiring of EU foreign nationals who do not officially reside in that country. In practice this implies that an EU citizen
Tuesday, February 4, 2020
On Truth and Lies in a Nonmoral Sense Essay Example | Topics and Well Written Essays - 1250 words
On Truth and Lies in a Nonmoral Sense - Essay Example Here he discusses the implication of language to our acquisition of knowledge. The second part deals with the dual nature of man, i.e. the rational and the intuitive. He establishes that neither rational nor intuitive man is ever successful in their pursuit of knowledge due to our illusion of truth. Therefore, Nietzsche concludes that all we can claim to know are interpretations of truth and not truth itself. Analysis In the first part of his work, Nietzsche asserts that: ââ¬Å"The pride connected with knowing and sensing lies like a blinding fog over the eyes and senses of men, thus deceiving them concerning the value of existenceâ⬠(Nietzsche 451-452). Here, it seems that Nietzsche is trying to reject any empirical sense of gaining knowledge. For example, I know that I am sitting on a wooden chair because I can see the chair, feel the texture of the wood, touch it, and even smell the aroma of it. But Nietzsche argues that we only perceive the surface of things, and our ââ¬Å "senses nowhere lead to the truth" (Nietzsche 452). This is what Nietzsche meant by using the analogy of our senses being like a ââ¬Å"blinding fog over the eyesâ⬠and thus deceiving us on our knowledge about things. But how do we know what is true from what is false? What is truth as opposed to lies? Here, Nietzsche introduces the concept of man as a social being who creates peace among society and forms a general consensus in the process of doing so. He once more establishes his point by saying that ââ¬Å"this peace treaty brings in its wake something which appears to be the first step toward acquiring that puzzling truth driveâ⬠(Nietzsche 452). Furthermore, he argues that ââ¬Å"a uniformly valid and binding designation is invented for things, and this legislation of language likewise establishes the first laws of truth. For the contrast between truth and lie arises here for the first timeâ⬠(Nietzsche 452-453). In other words, Nietzsche establishes his foundati on of truth as opposed to lies. Since the development of language, all its representations are, according to Nietzsche, lies. Language is a form of self-deception, which humans have created to convince themselves that the unreal is real. Indeed, Nietzsche asks, ââ¬Å"Is language the adequate expression of all realities?â⬠(Nietzsche 453). The emphasis here is the one to one correspondence of an object to that of its spoken word. For example, when I a rainbow, the first thing that I associate with it is color. Almost anyone would understand me if associate the word ââ¬Å"colorâ⬠to the object ââ¬Å"rainbowâ⬠. However, consider the following scenario: what if you were never exposed to color? Since you were born into this world, you were kept inside a house that had only shades of gray. In short, what if the world you consider as real is all in black and white? Now consider that this person saw a ââ¬Å"rainbowâ⬠outside his window for the first time, would he as sociate the term ââ¬Å"colorâ⬠with it? Would he even know what ââ¬Å"colorâ⬠means? This is the point that Nietzsche wants us to understand regarding language. I quote, ââ¬Å"It is this way with all of us concerning language: we believe that we know something about the things themselves when we speak of trees, colors, snow, and flowers; and yet we possess nothing but metaphors for things - metaphors which correspond in no way to the original entitiesâ⬠(Nietzsche 454). Thus, Nietzsche concludes that ââ¬Å"the genesis of language does not proceed logically in any case, and all the material within and with
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