Outline Answer to the Princess Anne Homework

 

EU Problem Question – Law. 

Answer both questions. Use your imagination and discuss all possible options … 

Question 1.  (Produce an essay style answer) [75 marks]. 

When the Queen dies it is expected that her eldest child Prince Charles will take the throne. However, before he takes the throne Prince Charles dies and it is reported that his eldest son – Prince William – is next in line for the throne. 

Princess Anne - who is the sister of Charles - has other ideas and she challenges the assumption that a male must be next in line to do the job of Monarch. She argues that EU Law must take priority over the Act of Settlement of 1701 (which provides for a male heir to the throne). She further argues that she is far more experienced than William and to exclude her amounts to sex discrimination. The relevant EU Treaty and Directive provisions are … 

(1)   Article 141 of the Treaty of Rome (as amended) refers to: ‘equal treatment of men and women in matters of employment and occupation’. 

(2)   The EU Equal Treatment Directive 76/207 – determines: ‘there shall be no discrimination whatsoever on the grounds of sex in the conditions, including selection criteria for access to all jobs, whatever the sector or branch of activity and to all levels of the occupational hierarchy’.   

In light of these EU Treaty and Directive provisions, advise Princess Anne.  

Outline Answer ...

1 – Is it an employment issue?

2 – Students need to discuss the sovereignty issue etc.  

Question 2.   (Produce a detailed bullet point’s answer which outlines the arguments and provides depth)   [25 marks] 

Mary is a Director of Macbeans the bean factory. She is upset that - in accord with the law of her Member State - her employer only pays her a maximum of €1m on retirement while men can get €2m.

Advise Mary as to her options in light of the EU Treaty, the Equal Treatment Directive, and any case law... 

 

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