Tuesday, January 28, 2020

The Role Of Flexibility In The Work Place Management Essay

The Role Of Flexibility In The Work Place Management Essay Flexibility is a way to help people define how and when work is done, flexibility helps employers and employees work effectively to enable the organisation achieve its objectives. (Simonetta Manfredi, Director, Centre for Diversity Policy Research, Oxford Brookes University.) Flexibility is all about creating a situation where both the employer and employee benefit from the schedule of work, creating a balance between individual needs and delivering of service. (Helen Gibbs, Senior Personnel Adviser, London Borough of Sutton) Flexible working relates to working time, pattern of work and location of work (ACAS PAGE 6). Many employers in united kingdom have introduced a range of flexible working options for their employees. In (2004) the workplace employement relations survey (WERS) discovered that a good number of employees ( over 70 percent) gave some kind of flexible working option to employees and these has increased from the results of the survey carried out by workplace employme nt relations survey in 1998 ( Kersley et al, 2005). These increase in flexible working option by employers was propelled as a result of growing need for work life balance ( Bailyn et al, 2001). In the United Kingdom, legistlative support for parents who have young children that are disabled these would enable them to adapt a more flexible working practise because they offer employees the opportunity to choose where and where they want to work Vlasios Sarantinos (2007). For flexible working practise to work effectively there must be a transparent and accessible process that will be used to manage flexible request made by employees, this enables employees feel that the organisation is treating them fairly and their request for a different type of working arrangement is being looked into. In these essay i am going to be critically reviewing the role that flexibility can play in the work place. Building the culture Theres a clear set of shared values, including the service user comes first, and people mean business. Service users come to the office regularly so that backroom employees can meet them and have a sense of what the service is about. These values underpin the companys approach to flexible working. Employees feel they belong to something and are pushed to achieve their full potential. Management is hands on: managers will not hand work out to their staff unless they are able to do the work themselves. All managers have to do a care shift once a month so they dont lose touch with the needs of service users and employees. Internal communication is reinforced by open days, where the chief executive meets staff informally. Thirty per cent of managers diary time is non-prescribed, so as to leave time for informal contact with their staff. Peoples opinions are listened to. The number of managers has been halved from 24 to 12 and the company aims to recruit its managers from within. Finance Manager Steve Tuck believes that employees are motivated by seeing the improvement in the quality of life of service users. Its not unknown for people to take clients home for a meal. Put in ur own words. There are various forms of flexibility which organisations used to engage employees in an organisation Functional flexibility: These type of flexibility allows employees to make use of their competencies and skills to enable them move freely across the different channels of production. This type of flexibility is likely to be desired when the employee no longer has stable relationship with the organisation and it relies on training across the channels of production. Numerical flexibility: These flexibility depends on the ability of the organisation to increase or decrease its labour number as it chooses by hiring some temporary workers and employing people who will be given fixed contracts. Temporal flexibility: This type of flexibility involves adjustement of working hours to meet demands of production, part time working could be engaged in to handle intense peaks when needed. Financial flexibility: In financial flexibility labour cost is reduced with efforts put in by the organisation to secure profit making. Vlasios Sarantinos (2007) Below are examples of flexible working practise which employees make use of in an organisation: Part-time working: Its a form of work where employees are under a contract to work for less than the full time hours Term-time working: . in this working arrangement a staff remains on his or her permanent contract but can take paid/unpaid leave during school holidays. Job-sharing: This is a type of working arrangement where a job task is shared between two or more employees. Flexitime: in this working arrangements staffs are allowed to choose within a given time frame when they want to begin and end their work. Compressed hours: Compressed hours involve re allocating or reducing the set working hours into fewer and longer blocks during the week. Annual hours: The set time within which full-time staffs must work is defined over a whole year. Working from home on a regular basis: in this working arrangement the employees have a choice to work from home and report outcomes to their supervisor. Mobile working/teleworking: This allows staffs to work all or part of their working week at a location remote from the employers workplace. Career breaks: This are period in which the employee is allowed to go on break, it may be a career break or sabbatical. Chattered institute of personnel and development (2005) Flexibility is seen to be important in workplace to both employers and employees because it gives them an opportunity to organise the way they work in a way that will be comfortable with their personal lives. For employers flexible working can help retain staff who have the required and skill required by the employer, it also widens the talent pool in the job market enabling them to recruits potential workers with more skill and still retain the staffs that are loyal and committed which can lead to an increase in productivity and profitability(Confederation of British Industry 2009). Employers have realised that in order to provide quality services when needed by customers a flexible working system that involves the two parties is needed which makes the workforce flexible enough to adapt to changing business conditions. Recession has had an effect on organisation layout and operations causing a lot of people to loose their job and holding unto whatever they can lay their hands on. Th e effect recession has on flexible working can be viewed as both negative and positive. Negative, because it has led to an increase in the number of people working part time that would love to take up a full time job and positive from the employers perspective because employers respond to more flexibility which indicates that that there is a tendency for organisations to embrace flexible working to have as a new way of working in the organisation. We need increased flexibility in the work place if the economy is to return back to stable and sustained growth, and in order to do this we need to develop all resources available especially man power to help increase productivity and give the economy a competitive advantage. Employers may find it expensive introducing flexible working because of the cost it might incur, the business premises may have to be open for a longer period of time thereby increasing cost of heating and lightning(Confederation of British Industry 2009) . Flexible w orking also plays an important role to employees because it enables them to balance their job at work alongside their responsibilities at home because in the society today both men and women want flexible jobs which involves minimal travel to enable them share the responsibilities of raising a family. Flexible working improves the moral of employees and gives some a feeling of worth, it also reduces absence and lateness to work(The Women and Work Commission 2006) Flexible working has been seen to affect business by playing an important role to make sure that shifts are fully covered and services are maintained flexible working is needed in organisations ( British chambers of commerce, 2007). A flexible human capital practise makes organisations more stable, skilled and enthusiastic free from distractions, flexible working practisces helps organisations to attract talents, with the difference in generation of workers with varying lifestyle and working conditions, companies have to re organise their recruitment efforts, benefits plan, productivity incentives, work processes and work schedules in order to recruit qualified hands. Technological advancement also require that we think of how we can connect with people more effectively, organise teams and measure employees work performance when they work from home. Focused and talented employees who are on flexible schedules are likely to give out their best and be more committed to the goals and ob jectives of the organisation and deliver great value to customers who when satisfied continue to patronize the organisation thereby improving sales and boosting the companys image. flexibility also helps reduce cost associated with health care, overhead, labor, turn over and legal fees. Cost involved with labor can be reduced and profitability can be increased by using a flexible human capital practise in which you boost the output of one employee and efficiency among groups across the organisation and reduce waste as a result of poor concentration, loss of work time and mistakes.it reduces labor cost for the same output thereby increasing profitability. Flexibility also reduces health care cost because staffs have sufficient resources to meet the demands when they have control of planning their time, these flexible working practise reduces stress and depression faced by most employees which directly reduces health cost of the company. BOOK IMPACT OF FLEXIBILITY ON ORGANISATIONAL PERFORMANCE. To raise morale and job satisfaction: flexible working increases the morale of employers to perform at their utmost best because they feel they are treated as adults who have control of their life and their time and they tend to perform at their utmost best when they are at work. To improve productivity/Quality : the need for producing a good quality product must be of paramount importance because there are cost associated with poor quality which dents the image of the organisation and makes customers unsatisfied, flexible working arrangement ensures fresh and capable hands at the production line at all times. When an employer is worn out down and his her shift is over another employee takes and continues the process of production.It also inspires and increases commitment an loyalty from staffs( Alison and Lou, 2001) Opposing flexibility Traditionally, flexibility has been seen as a characteristic of poor quality jobs (see for example De Witte, 1999; Nolan et al, 2000; Purcell et al, 1999), where employers have sought to achieve organisational flexibility by means of using non-standard working practices, such as part-time work and temporary employment. Reduced absence and employee turnover: Flexible working enables employees to take care of their personal obligations leading to a decrease in frequent absenteeism because they have more options to which their time can be managed and it helps skilled workers remain in the organisation because staffs are more likely to stay in the organisation. (British chambers of commerce, 2007). Reduced training costs : by introducing flexible working organisations retain trained employees there by saving up expenses that would have been used in training new staffs if the trained staffs were to exit. Promoting customer satisfaction: Customer satisfaction can be improved where, customer service hours can be extended or shifted to periods when it is most required, and Workers with different skills can be attracted and retained because of the flexible work system in the organisation to help respond to diverse customer requirements. ( Success with flexible working practices, 1997). Book success with flexible work practise. Flexibility has been seen traditionally to characterise poor quality jobs De witte, 1999, Nolan et al, 2000; Purcell et al, 1999) because employers try to achieve flexible working environment in the organisation by using working practices that are not up to standard, It might have been predicted generally that access to flexible working arrangement would impact job satisfaction positively, it has also been discovered that a higher sense of responsibility and work completion affects job satisfaction positively ( Hyman and Summers, 2004; Igbaria and Guiraraes, 1999), However findings on the effect of remote working on job satisfaction varied, In some studies lack of social interaction has lead to a negative impact on job satisfaction due to feelings of isolation ( igbaria and Guimaraes, 1999), while some people tend to have a higher job satisfaction ( Baruch,2000). Igbaria meant that employees working in remote locations may perform low because they are not satisfied with their job and this may be due the fact that they have no one to interact with however Baruch said that some employees may actually enjoy working in remote locations and it tends to enchance their job performance. Flexible working offers employees choices to help them achieve a work life balance that is satisfactory. Stress which is one of the problems employees face has been linked to flexible working but flexible working does not seem to have an effect on reducing stress levels. Stress and anxiety may also be created by flexible working because an employee that works for a smaller amount of time or hours reduces but still has the same level of workload as someone working full time this tends to put pressure on the employee which might stress him or her out trying to cope with the work load (Dr Claire and Deirdre, 2008) It has been suggested by some researchers that people who spend more time working remotely tend to have lower job stress ( Raghuram and Wiesenfeld, 2004) however (Mann and Holdsworth, 2003) said that people working remotely show more signs of mental ill health than those working in organisational premises. Some evidence was found by Tietze and musson (2005) of some worker who work remotely experiencing stress, they tend to experience stress which was linked with the self organisation required of their work, because it created new demands on them. An analysis linked to stress pointed the fact that flexible working time or flex time affected absenteeism positively, while compressed working practise had no effect Baltes et al, (1999).Baltes was saying that when workers were allowed to work with flexitime that means choosing when to resume and close work within a set time frame that it enabled them to always show up for work because they could adjust their schedule to meet up with the ti me they choose and that compressed working did not affect absenteeism positively or negatively. Remote workers were worried about the lack of opportunities to develop themselves which the employer denied them having including mentoring from senior colleagues and informal learning Cooper and Kurland (2002). Cooper discovered that concerns began to grow among workers working remotely that their absence was not felt by the organisation and they were neglected with no further course or training to further develop their skills, and because of these flexible workers tend to have lower long term career potential Frank and Lowe (2003).Although Mc Closkey and igbaria (2003) brought a contrasting a view saying dat flexible working had no direct or indirect effect on career prospects of employees. Cohen and Single (2001) found that professional staffs who worked reduced working hours were less able to spend time developing their skill which is one of the business factors important for a succes full career(Dr Claire and Deirdre, 2008). Meaning that the less time professional workers spend in their workplace the less opportunity they get to learn new things. Business impact of flexible working The companys policies towards flexible working are reflected in its business outcomes. Since 1997, employment at the company has gone up from 60 to 280 staff and turnover has increased from  £1 million to  £9.5 million. Sickness absence has been reduced to 0.6 days a year, well below that for the care sector as a whole, which produces significant financial savings. The company also sees direct benefits in terms of staff recruitment and retention. Sandwell CCT came second in the Sunday Times 100 best companies to work for list in 2007, and first nationally in the work-life balance category. It also came first in the categories of managers who listen, managers motivating staff to give their best and training making a difference. It believes that this success has boosted the companys image as an employer. Employee turnover at Sandwell CCT is now 4%, compared with 20% or more across the care sector generally. Because staff enjoy their jobs, there is a high level of employee engagemen t and this is reflected in the quality of service and value for money. PUT IN UR OWN WORDS.

Monday, January 20, 2020

life and death :: essays research papers

What It Takes to Overcome Suffering When dealing with hardship in one’s life, people deal with it in diverse ways. One may overcome suffering through their own thoughts and ventilation, or by through their relationships with themselves, other people, or even a higher being. Alice Walker, an African American writer, narrows the scope of suffering to a single, courageous woman in her novel, The Color Purple. Through this remarkable woman, Celie, Walker illustrates that even when life can’t get any worse, one can overcome impossible odds. Alice Walker illustrates through Celie’s triumph over Mr. _____, one overcomes suffering through the presence of strong positive relationships. The obstacles that Celie overcomes are indicative of the relationships that she acquires. Through the relationships that Celie forms with God, Sofia, Nettie, Shug, and the ultimate relationship she develops with herself, she is able to overcome the abuse and hardship that is present in her life and her past. Celie’s upbringing was not one, that which someone would call typical. She must care for her brothers and sisters, and is already burdened with the cooking and cleaning of the household because of her mother’s deteriorating health. And if that is not a harsh struggle enough, Celie is being continuously raped by the man she knows to be her father. Celie gives birth to two of her father’s children, whom he sells after Celie gives birth. She is tormented with the thoughts of her two born children, and why these horrible things happen to her. Celie is mistreated and abused day to day, and accepts this as the norm childhood. Not only is the young, innocent Celie raped Ventura 2 again and again, she is beat by this man, when she does something he does not approve of. â€Å"He beat me today cause he say I winked at a boy in church† (Walker 5). She is victimized by this man repeatedly and cannot help but only wonder why. She is thought of as nothing but a sexual object, and is taken advantage of over and over. She is stepped on repeatedly by her stepfather and is threatened not to say anything. â€Å"You better not never tell nobody but God. It’s kill your mammy† (Walker 1). She is silenced not to tell anyone about her explicit rapes because she knows it would kill her mother, and therefore only expresses her hardship to God. This poor young girl deals with hardship most adults do not even encounter, but handles it with her own prerogative.

Sunday, January 12, 2020

European Commission’s Approach towards the Article 81 EC Essay

Introduction The objective of Article 81 is to limit restrictive agreements and other modes of complicity between independent firms in horizontal as well as vertical relationships[1]. Some instances of such prohibited practices are, â€Å"price fixing; limiting or controlling production, markets, technical development or investment; sharing markets or sources of supply; applying dissimilar conditions to equivalent transactions; making the conclusion of contracts subject to supplementary obligations that have no connection with the subject of the contracts[2].† Moreover, it is immaterial if Article 81(1)[3] EC is implemented in such a fashion that most of the agreements that curtail economic freedom would be caught without any economic analysis having been performed[4]. The EC has commenced to apply a new economic approach and simultaneously the ECJ has accepted the fact that a proper rule of reason analysis has to be conducted under Article 81(3)[5]. The underlying principle of Article 3(g) of the EC Treaty[6] is to implement ‘a system†¦ [which ensures that] competition in the internal market is not distorted[7].† Prohibition of concerted practices, abuse of a dominant position and state aid is restricted to practices that affect trade between the Member States and ignores practices that influence domestic trade[8]. Nevertheless, Article 81 EC permits anti-competitive practices whose pro-competitive results overshadow their anti-competitive consequences[9].   In the sequel the scope of Article 81 EC has been discussed, in respect of anticompetitive issues. In this regard the substantive laws restricting the anticompetitive effects of markets and the procedural controls like prohibition and exemptions concerning public policy and economic approach have been discussed at length. In this context relevant case laws have been discussed. The contemporary tendency is to restrict competitive agreements. The Commission has implemented a more economic approach by means of the rule of reason in Article 81(1) EC, which has assisted decentralization with regard to the enforcement of Article 81(3) EC[10]. Free Competition In order to ensure free competition in the Single Market, agreements which not only have a significant effect on the trade between the Member States but also prevent, restrict or distort competition in the Single Market are prohibited by Article 81[11]. Article 81 EC contains a list of practices that are usually excluded[12]. These relate mainly to licensing agreements for patents and other intellectual property rights. Competition Law Test In general, the Commission’s exemption policy favours the application of a competition law test. The block exemption on vertical restraints is merely an interchange between curbing intrabrand competition and encouragement of interbrand competition[13]. The European Commission is authorized to remove the advantage of an exemption in respect of agreements that are at variance with Article 81(3)[14]. Vertical Agreements The national authorities can deprive vertical agreements that contravene Article 81(3) of the benefit of exemption.[15] In respect of vertical agreements that restrict competition and include fifty percent or more of a specific market, the Commission will cancel the exemption and apply Article 81(1) in its entirety[16]. Further, in cases of undue advantage of a dominant position, exemption is permitted by Article 82 EC[17]. The agreements pertaining to the supply and distribution of goods comply with the new Block Exemption Regulation[18]. These guidelines and Block Exemption Regulation constitute a competition policy that favours an economic approach rather than a regulatory approach to vertical agreements. This indicates the Commission’s intention to bring its competition rules into play[19]. Formerly the EC had adopted a formalistic approach that had construed any restriction of commercial freedom to be restrictive of competition. Further, the Commission had a monopoly in respect of implementing Article 81(3). Article 81(1) was given a wide interpretation as it had to be enforced uniformly in all the Member States[20]. Article 81 In Mà ©tropole Tà ©là ©vision (M6) et al. v. Commission[21], the Court of First Instance or CFI held that a monetary outlook was necessary as per the provisions of Article 81(3) [22]. The judgement in this case is in conformity with the present outlook of the Commission. This approach is the upshot of the White Paper and the new notice on Article 81(3) EC[23]. In this approach there is a retreat from the formalistic approach. Since, the objective of the new notice is to engender the consumer’s welfare; it requires a substantive analysis of the market in order to determine whether an agreement violates Article 81(1) EC[24]. Article 81(3) rescinds the prohibitions in Article 81(1) if competition exists for a large range of products, the manufacture or allocation of goods, and if technical and economic progress do not show any improvement[25]. Further, decisions of the Commission under Article 2(4) of Regulation 4064/89 result in a balancing exercise[26]. Thus, while applying Article 81 EC the national courts have to perform the competition law test, which is in most of the cases imposed by Article 81(3) EC[27]. In all other instances the national courts can obtain either the Commission’s assistance as per Article 15(1) EC or the ECJ’s assistance as per Article 234 EC[28]. Since, the national courts cannot apply Article 81(3) EC; the ECJ transferred the necessary portions of Article 81(3) EC to Article 81(1) EC[29]. Article 81 EC does not apply to agreements that leave trade between member states unaffected. These agreements are the exclusive domain of the national authorities. This basic test of whether or not interstate trade was affected was dealt with by the E.C.J. in Socià ©tà © Technique Minià ¨re v. Maschinenbau Ulm[30], the E.C.J. held that â€Å"it must be possible to foresee with a sufficient degree of probability on the basis of a set of objective factors of law or of fact that the agreement in question may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States[31].† Economic Approach The adoption of an economic approach first, ensures that legal provisions are not rendered ineffective due to anti-competitive behaviour[32]. This approach applies a more consistent treatment to the different practices, because a similar treatment is accorded to practices with the same outcome[33]. Second, this approach ensures that the statutory provisions do not achieve an unjustified frustration of competitive strategies[34]. Hence, a competition policy approach that recognizes this fact will guarantee the protection of consumers and also encourage increased productivity and growth[35]. The EU competition law has progressed towards a policy that depends on a market centered economy[36] and in 2004 an enforcement procedure incorporating these considerations was implemented by the European Community. The necessity to adopt an approach that is more economic based to market definition, dominance and abuse has been conceded by the European Commission. Undertakings with a market share in excess of fifty percent can easily establish that they are not dominating the market and this stance has been accepted by the Commission[37]. Daimler Chrysler secured a highly significant reduction of the fines imposed on it by the Commission for alleged infringements of Art.81 on the German, Spanish and Belgian car market in 2001[38]. The CFI annulled two of the three findings of infringements, which resulted in a reduction of the fine from â‚ ¬ 71.8 million to â‚ ¬ 9.8 million[39]. Since, Daimler Chrysler was unable to establish that its Belgian subsidiary had acted independently; the CFI did not annul the decision to fine Daimler Chrysler[40]. In this case the Commission had labeled three of the Daimler Chrysler agreements as being anti competitive. The CFI set aside two of these allegations and upheld only one of them[41], thereby indicating that competitive agreements had been prohibited. In Tetra Laval v. Commission, the Commission prohibited the merger of Sidel SA and Tetra Laval BV. Sidel was a manufacturer of stretch blow moulding machines used for packaging liquid foods in plastic. Tetra was a dominant company in the carton-packaging market operating through a related company[42]. The Commission considered the merger of Tetra Laval and Sidel to be anti competitive and prohibited it; however, the CFI disagreed with the Commission and permitted the merger. Although, Article 81(3) permits the elimination of competition Vis – a – Vis a significant number of products, the application of Article 82[43] cannot be frustrated by Article 81(3) [44]. Moreover, not all the restrictive agreements entered into by a dominant undertaking represent the abuse of its dominant position[45]. The exemptions under Article 81(3) are contained in block exemption regulations;[46] and their standardization gains automatic exemption if the joint market share is less than twenty five percent and the agreement conform to the requirements of the joint R&D block exemption regulation[47]. In the context of a new product or a product in which the participating companies do not compete, the block exemption’s validity exists even above the twenty five percent ceiling for the duration of the standard setting and subsequently for seven years[48].  Ã‚  Ã‚  Ã‚  Ã‚      Prohibition of Competition Agreements One of the difficulties faced by Community law is to restrict intra brand competition (or competition among retailers or distributors of the same brand) by means of territorial distinctiveness, without restricting parallel trade. Of these restrictions the most important are those that create territorial restrictions[49]. Moreover, a distributor might enter into an exclusive distribution agreement solely â€Å"for the purpose of obtaining absolute territorial protection in order to ensure protection from free riders and safeguard investment in the promotion of the product[50].† This protection is essential for launching a new product which requires more promotion than an established product. Moreover, insufficient protection may prevent the distributor from deploying the product with the result that the product may not make an entry into the market[51]. In the absence of territorial protection some distribution agreements cannot be established, for instance, in Societe la Technique Miniere[52], the Court held that a term bestowing territorial distinctiveness on a distributor would not violate Article 81(1), if it was essential for the distributor to market a producer’s product[53]. Even though, the Commission is conscious of the commercial necessity for territorial protection, it has never accepted that the aim of territorial restrictions is to assist pro competitive agreements. The Commission while permitting partial territorial exclusivity will not endure the hindrance to parallel imports, even if the agreements granting unconditional territorial protection may augment inter – brand competition, and consequently help in the assimilation of markets within the community[54]. In the Wouters case, there was a disagreement between competition rules and non competition goals. Further, harmonizing amid competition rules are absent in both Articles 81(1) and 81(3) EC[55]. If suitable conditions are present Article 81 EC can be matched against public interest concern. Since, Article 81(1) and 81(3) did not attach sufficient importance to the protection of the legal profession’s freedom it was undermined[56]. Consten and Grundig[57] established proscription on the formation of an unqualified territorial defense. Such a stringent approach has been implemented because these restrictions could prevent the development of the internal market by isolating the national markets. Moreover, the Community Authorities want to ensure that some manner of parallel trade is preserved by means of passive sales that originate outside the contract area. In case of vertical agreements total territorial protection is banned and the Court has assumed a moderate approach in less restrictive territorial limitations[58]. The fact remains that even the vertical agreements regulation is unable to distinguish between active sales and passive sales, which are not to be banned[59]. The guidelines have made it clear that selective distribution agreements could result in an increase in intra brand competition and eliminate access to markets[60]. However, selective distribution agreements could augment inter brand competition or competition based on brands or labels. Since, the sales staff are to be given relevant training there will be an increase in after sales services, the servicing of guarantees, etc[61]. The relevant case law in respect of selective distributive agreements has been accused of being intricate, contradictory and perplexing and it has rendered the task of concluding whether an agreement infringes Article 81(1). Moreover, confusion prevails in respect of the products that validate selective distribution[62]. Vertical restraints are constraints on the freedom of behaviour for undertakings resulting from a vertical agreement. Although, vertical restraints prevent, restrict or distort competition they also engender efficiency improvements. Hence, the resultant economic effect is unclear[63]. Conclusion Competition is one of the most important factors that elicit a faster growing, consumer-oriented European economy[64]. In this context, â€Å"†¦The Commission has to adopt clear guidelines and binding legislation in order to secure the legal certainty of the undertakings that have to operate under the EC Competition Law Framework[65].† The uniformity in interpreting and applying competition rules are essential for legal certainty which is necessary to decentralize EC competition law[66]. At present an inordinate delay takes place, â€Å"from the time a potential claimant is subjected to anti-competitive agreement or practice till it is brought before the national court, question to the ECJ are formulated and a reply is received, and the national court eventually rules on the issue[67].† It would benefit everyone if both policy and lawmakers study the American experience that reveals that legal certainty cannot be ensured by, â€Å"leaving it up to the parties in trials before the courts[68].† In this manner it can be seen that despite the European Commission’s approach to Article 81 involving a greater use of sensible economic analysis, too many agreements which are anti-competitive are still prohibited. The foregoing analysis reveals that a significant number of competitive agreements are being prohibited due to decentralization and a narrow approach that favours public interest and economic policy. Bibliography Books    Albors – Llorens, Albertina. 2002. EC Competition Law and Policy. Willan Publishing. P. 18. ISBN: 1903240743. Dabbah, Maher M. 2004. EC and UK Competition Law: Commentary, Cases and Materials. Cambridge University Press. P. 56. ISBN: 0521604680. Mac Culloch, Angus and Rodger, Barry J. 2004. Competition Law and Policy in the EC and UK. Routledge Cavendish. ISBN: 185941933X. 139, 191, 192, 195. Stuyck, Julien, Gilliams, Hans and Ballon, Elke. 2002. Modernisation of European Competition Law: The Commission’s Proposal for a New Regulation.P. 55 -56. ISBN: 9050952224. Tillotson, John and Foster, Nigel G. 2003. Text, Cases & Materials on European Union Law 4/E. Routledge Cavendish. P 407. ISBN  : 1859417779.       Journals and Working Papers       Article 81. Official Journal of the European Communities. Consolidated version of the treaty establishing the European Union. 24.12.2002. C 325/64. Retrieved from http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf       Bourgeois and Bocken. Guidelines on the Application of Article 81(3) of the EC Treaty or How to Restrict a Restriction. 32 Legal Issues of Economic Integration 111 (2005), pp. 112-113. Brusick, Philippe; Alvarez, Ana Maria and Cernat, Lucian. Competition Provisions in Regional Trade Agreements: How to Assure Development Gains. Chapter IX Modernization of the European System. United Nations Conference on Trade and Development (UNCTAD). 2005. United Nations Publication. Symbol No. UNCTAD/DITC/CLP/2005/1. p. 284.    Goldschmidt, Peter I.B and Lanz, Christoph. Maybe Definitely – Definitely Maybe? EC Competition Law – Is the time ripe for reform? European Institute of Public Administration. EIPASCOPE 2/2001. Retrieved from http://www.eipa.nl/cms/repository/eipascope/scop2001_2_2.pdf Kallaugher, John and Weitbrecht, Andreas. 2006. Developments under Articles 81 and 82 EC – the Year 2005 in Review. C.L.R. Issue 3. p. 139, 143.  © Sweet & Maxwell and Contributors. Komninos, Assimakis P. 2005. Non – competition Concerns: Resolution of Conflicts in the Integrated Article 81 EC. The University of Oxford Centre for Competition Law and Policy. Working Paper (L) 08/05. Pp. 3, 5, 10. Retrieved from http://www.competition-law.ox.ac.uk/lawvle/users/ezrachia/CCLP%20L%2008-05.pdf

Friday, January 3, 2020

Abraham Lincoln s War Strategies - 874 Words

Abraham Lincoln to Be Remembered Abraham Lincoln shaped America because of his tactics for war, ending slavery and the two big documents to change it, and how he has made an impact on citizens today. Lincoln’s war strategies shaped the war effort by making it a no ally war, blocking trade for the south, having the best general, and taking over the big capitol of the south. The first strategy was to mess with the economy of the southern states and proposed the Anaconda plan to blockade the southern ports. Doing this made no trade to occur, causing the South to not be able to trade their cotton with Great Britain and receive money for ammunition. He also made sure he had the best general for the army to pursue the acts Lincoln wanted to be done. When a general failed Lincoln would fire them and hire a new one and they failed mostly because they were intimidated by Robert Lee and were not prepared for a fight. He went through many generals until one could do what Lincoln really wanted to achieve from the war which was a preserved union and win the battles. Abraham Lincoln also made it possible that no other country could interfere with the war occurring, which meant no allies or help from any country making it just about their nation. The last tactic was to take over Richmond, Virginia because it was the capitol for the Confederate states. Having Abraham Lincoln approach the fighting of the war with this as something to achieve, it kept the states from permanentlyShow MoreRelatedAbraham Lincoln: Americas Greatest President Essay952 Words   |  4 PagesEmancipator† is not granted to just any person, but rather it highlights a courageous, respectful, and driven individual. Abraham Lincoln’s contribution to the United States is so grand and captivating, that he is deservingly recognized as America’s greatest president. For example, he abolished slavery, led America through the Civil War, and prevented the Union from splitting apart. Abraham Lincoln is America’s greatest president and was the forceful leader that manipulated America from a state of turmoil intoRead MoreA Comparison Of Abraham Lincoln And Nathan Bedford Forrest981 Words   |  4 Pagesnecessarily has to have a supernatural power. The only thing that makes heroes a hero is their brave soul and mind. Abraham Lincoln and Nathan Be dford Forrest are also considered as heroes in different ways. Nathan Bedford Forrest is a genius, a commander, and he is a successful businessman. Lincoln is also another genius, a commander, and a man who ended slavery. Both Abraham Lincoln and Nathan Bedford Forrest influenced people in different ways for different reasons. Nathan Bedford Forrest wasRead MoreThe Civil War Was Fought Over African American Freedom1331 Words   |  6 Pagesquestioned what was the cause of the civil war. Till this day there has not been a straightforward answer, but many people still have different views and beliefs on what caused it. Many people believe that political issues or even taxation was the cause of the civil war. However, it was really over slavery. This essay will go over the civil war and explain why slavery caused the southerners and northerners to fight in the civil war. To what extent was the Civil War fought over African American freedomRead MoreAbraham Lincoln Has Been An Iconic Figure Of The United1538 Words   |  7 PagesAbraham Lincoln has been an iconic figure of the United States. Abraham Lincoln is viewed as a political icon. He was an idealized and iconic figure in the American culture. His efforts to ends the slavery and bringing the United States to a completely new culture certainly made him a political icon. He is the only American President that is on the list when we talk about the iconic personalities. He has acquired a culturally significant stature in the American society. The movies have been madeRead MoreLincolns Efforts to Preserve the Union Essay1407 Words   |  6 PagesLincoln’s economic, military, and political policies from 1861 to 1865 contribute to the preservation of the Union? Abraham Lincoln won the election of 1860. As a president of the United States, Lincoln’s goal was to keep the Union together. The problem of slavery and the secession by the South are mainly the two issues that lead to the dissolve of the Union, in which Lincoln put all his efforts to deal with during his presidency. â€Å"He believes this government cannot endure permanently half slaveRead MoreHow Lincoln Made His Personal Ideals Become a Reality632 Words   |  3 PagesFor most of his life, Abraham Lincoln abhorred slavery. He did not believe in the expansion of slavery, this coincided with his personal values, and the idea the forefathers held, that slavery would eventually end. However, he believed that the institution of slavery should be allowed where it already existed. In fact, during his early presidency he enforced pro-slavery laws to uphold what was already in the constitution. Though he was explicit in his plans to not interfere with slavery,R ead MoreThe Legacy Of Abraham Lincoln1521 Words   |  7 PagesAbraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. Lincoln led the United States through its Civil War—its bloodiest war and its greatest moral, constitutional, and political crisis. In doing so, he preserved the Union, abolished slavery, strengthened the federal government, and modernized the economy. Born in Hodgenville, Kentucky, Lincoln grew up on the western frontier in Kentucky and Indiana. Largely self-educated, he becameRead MoreAbrahan Lincoln and the American Civil War782 Words   |  3 PagesPresident Abraham Lincoln was known for leading the bloodiest conflict in United States history during the Civil War. Lincoln successfully protected the slaves and the South from seceding. Lincoln’s career included the following influential positions: lawyer, senator, and eventually the President of the United States of America. The experiences of his personal life, career as a political man, and his ultimate contributions to America make him an important man in American history. On February 12Read MoreAbraham Lincoln in the Post-Heroic Era978 Words   |  4 PagesAbraham Lincoln Nancy Lincoln gave birth to a son in Kentucky; the year of his birth was 1809. Her son was named as Abraham Lincoln. The vicinity of Ohio River was the place where they shifted when they faced some property issues. A disease started transmitting through milk in Indiana where they lived and due to that disease Abrahams mother died in 1819. Abraham didnt get any proper education in the early stages of his life due to their inadequacy to pay for the expenses of education. DespiteRead MoreLincoln, Grant, And Whitman1605 Words   |  7 PagesLincoln, Grant, and Whitman Abraham Lincoln, Ulysses S. Grant, and Walt Whitman all represent a period of time in which the United States was embroiled in turmoil. From the year 1861 to 1865, the Union army from the North battled the Confederacy of the South, and when it came to an end at the Appomattox Courthouse, over 620,000 men had lost their lives (Civil War Casualties, n.d.). President Abraham Lincoln had finally found a general he could trust in Ulysses S. Grant, who had forced the surrender