AS-E12– Mini-Mock Examination of 1 hour.

Use continuous prose – Do not use bullet points.

OCR Examination Board [2570]

• Plan an answer to the question(s) (use sub-headings in your answer/essay).
• Establish an answer/essay structure.
• In a brief introduction explain how you intend to answer the question.
• Within each Sub-heading discuss and explain the issues – try to give examples and opinions.
• Try to give an overview.
• Give a brief overriding conclusion.
• Be careful about your allocation of time - work out how long you can spend on each section and keep to it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise on European Law

Read the Source materials A and B below and answer parts (a) to (c) which follow.

SOURCE A

Council Directive 93/104/ of 23 November 1993, concerning certain aspects of the organisation of working time.

The Council of the European Union, having regard to the Treaty establishing the European Community, having regard to the proposal from the Commission, in co-operation with the European Parliament, has adopted this Directive.

Article 1 - Purpose and Scope

This Directive shall apply to all sectors of activity, both public and private – with the exception of air, rail, road, sea, inland waterway and lake transport and fishing,  other work at sea and the activities of doctors in training.

Article 3 - Daily rest

Member states shall take the measures necessary to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour day.

Article 4 - Breaks

Member states shall take the measures necessary to ensure that, where the working day is longer than six hours, every worker is entitled to a break…

Article 6 - Maximum weekly working time

Member states shall take the measures necessary to ensure that, in keeping with the need to protect the safety and health of workers, the average working time for each seven-day period, including overtime, does not exceed 48 hours.

Adapted from Council Directive 93/104/EC

SOURCE B

Directives are the main way in which harmonisation of laws within Member States is reached. However, problems have arisen where Member States have not implemented a directive within the time laid down and the European Court of Justice has, therefore, developed the concept of ‘direct effect’ to cover directives in certain situations.

Adapted from: The English Legal System, J Martin.

ANSWER ALL PARTS

• Briefly describe the law-making functions of the Council of the European Union, the Commission and the European Parliament as mentioned in Source A [15 marks].

• Advise each of the following workers whether their rights under the Working Time Directive, as outlined in Source A, are being denied:

• Jenny, a trainee doctor, is required to work 14-hour shifts, often without a break.
• Stanley, a supermarket cashier, is required to work a 6-day week of 10 hours per day.
• Terry has a part-time job in a video store working a 7-hour shift. Her manager does not allow her to have any break.   [15 marks]

• With reference to Source B explain how directives, such as the Working Time Directive, become law in Member States and discuss the problems that can arise. [30 marks]

OCR 2570 June 2003

Note that the time allowed for this question is one hour.

General Advice: Plan your answer and make sure that you answer the question(s) (do not simply write about the subject). Demonstrate that you are answering the exam question by continually relating back to the title. Remember the marks are in the discussion – explain your thinking. Brief answers are inadequate and get low marks! Use ALL of the allocated time sensibly.