
Adrian Berski
Adrian Berski/1984/, dr (Ph.D), M.A., Higher Diploma
Dr. Adrian Berski is a practising Ph.D Doctor (Social Science). He also has an MSc in Political Science and postgraduate qualifications in Digital Communications for Business and an L.L.B. (Law degree) at Dublin Institute of Technology - Technological University Dublin.
His research interests are in the areas of Central Asia, the political-law system, an ethnic policy of the CIS countries. Adrian is passionate about the political system of the Commonwealth of Independent State countries, teaching and research. His thesis are internationally recognized.
Address: Ireland, UK, Canada, Poland
Dr. Adrian Berski is a practising Ph.D Doctor (Social Science). He also has an MSc in Political Science and postgraduate qualifications in Digital Communications for Business and an L.L.B. (Law degree) at Dublin Institute of Technology - Technological University Dublin.
His research interests are in the areas of Central Asia, the political-law system, an ethnic policy of the CIS countries. Adrian is passionate about the political system of the Commonwealth of Independent State countries, teaching and research. His thesis are internationally recognized.
Address: Ireland, UK, Canada, Poland
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Papers by Adrian Berski
The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein[…]The tasks entrusted to the Community shall be carried out by the following institutions:[…] Each institution shall act within the limits of the powers conferred upon it by this Treaty.
The current treaties are linked to the above rules. For example, Article 4 in paragraph 1 of the Consolidated Version of the Treaty on EU states that: “In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States”[2].
The main purpose of this essay is to analyse which doctrine has had the bigger impact on EU law: direct effect or supremacy. The essay consists of an introductory section which sets the context, three chapters and a list of sources.
The first chapter analyses and interprets the doctrine of the supremacy of EU law. It provides a clear definition of the doctrine of supremacy, supported by relevant case law. In addition, it presents a historic account of the determination of the supremacy doctrine.
Determinants of the doctrine of the direct effect of EU law is the topic of the second chapter. In this section, the author explains the mechanism of the doctrine of the direct effect and outlines the conditions for direct effect. Finally, it provides information regarding the monist and dualist systems of law ,and the difference between the vertical and horizontal effects.
The third chapter interprets the results and attempts to answer to the question: “Which doctrine has had the bigger impact on EU law, direct effect or supremacy?” This question is answered by using the integral methodology of research, recognised within the social sciences and law. In this instance, the comparative method was relevant to presenting the bilateral relations between both doctrines and their impacts.
[1] Treaty establishing the European Community (Consolidated version 2002), Official Journal C 325, 24/12/2002 P. 0033 – 0184.
[2] Consolidated version of the Treaty on European Union, Official Journal C 326 , 26/10/2012 P. 0001 – 0390.
Recommended Citation
Berski, A. (2016)Which doctrine has had the bigger impact on EU law, direct effect or supremacy? Report prepared for School of Languages, Law and Social Sciences, Dublin Institute of Technology, 2016.
By maintaining a connection with the outside world means that normal elements of the reintegration process can be maintained. This has a significant impact for further prisoner reintegration. It includes rights to visits, correspondence, voting, etc.
The main sources of law, which regulates prisoners’ rights in that particular subject are:
entitlements under the “Prison Rules”[2],
relative legislations,
basic rights protected by the “European Convention on Human Rights”[3],
basic rights protected by the “Irish Constitution”[4].
According to this, the main purpose of this essay is to answer the question: Does the provision for Irish prisoners to keep in contact with the outside environment require reform?
[1] Irish Penal Reform Trust, [online:] [http://www.iprt.ie/prison-facts-2], acc. 19.04.2015.
[2] Prison Rules 2007, [online:] [http://www.irishstatutebook.ie/2007/en/si/0252.html], acc. 20.04.2015.
[3] European Convention on Human Rights, [online:] [http://www.echr.coe.int/Documents/Convention_ENG.pdf], accessed on the 20.04.2015.
[4] Constitution of Ireland (In operation as from 29th December 1937), [online:] [http://www.irishstatutebook.ie/en/constitution/index.html], acc. 20.04.2015.
Recommended Citation
Berski, A. (2015) ,Does the provision for Irish prisoners to keep in contact with the outside environment require reform? Prison Law and Prisoner Rights Assignment 2015, DIT, School of Languages, Law and Social Sciences.
The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein[…]The tasks entrusted to the Community shall be carried out by the following institutions:[…] Each institution shall act within the limits of the powers conferred upon it by this Treaty.
The current treaties are linked to the above rules. For example, Article 4 in paragraph 1 of the Consolidated Version of the Treaty on EU states that: “In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States”[2].
The main purpose of this essay is to analyse which doctrine has had the bigger impact on EU law: direct effect or supremacy. The essay consists of an introductory section which sets the context, three chapters and a list of sources.
The first chapter analyses and interprets the doctrine of the supremacy of EU law. It provides a clear definition of the doctrine of supremacy, supported by relevant case law. In addition, it presents a historic account of the determination of the supremacy doctrine.
Determinants of the doctrine of the direct effect of EU law is the topic of the second chapter. In this section, the author explains the mechanism of the doctrine of the direct effect and outlines the conditions for direct effect. Finally, it provides information regarding the monist and dualist systems of law ,and the difference between the vertical and horizontal effects.
The third chapter interprets the results and attempts to answer to the question: “Which doctrine has had the bigger impact on EU law, direct effect or supremacy?” This question is answered by using the integral methodology of research, recognised within the social sciences and law. In this instance, the comparative method was relevant to presenting the bilateral relations between both doctrines and their impacts.
[1] Treaty establishing the European Community (Consolidated version 2002), Official Journal C 325, 24/12/2002 P. 0033 – 0184.
[2] Consolidated version of the Treaty on European Union, Official Journal C 326 , 26/10/2012 P. 0001 – 0390.
Recommended Citation
Berski, A. (2016)Which doctrine has had the bigger impact on EU law, direct effect or supremacy? Report prepared for School of Languages, Law and Social Sciences, Dublin Institute of Technology, 2016.
By maintaining a connection with the outside world means that normal elements of the reintegration process can be maintained. This has a significant impact for further prisoner reintegration. It includes rights to visits, correspondence, voting, etc.
The main sources of law, which regulates prisoners’ rights in that particular subject are:
entitlements under the “Prison Rules”[2],
relative legislations,
basic rights protected by the “European Convention on Human Rights”[3],
basic rights protected by the “Irish Constitution”[4].
According to this, the main purpose of this essay is to answer the question: Does the provision for Irish prisoners to keep in contact with the outside environment require reform?
[1] Irish Penal Reform Trust, [online:] [http://www.iprt.ie/prison-facts-2], acc. 19.04.2015.
[2] Prison Rules 2007, [online:] [http://www.irishstatutebook.ie/2007/en/si/0252.html], acc. 20.04.2015.
[3] European Convention on Human Rights, [online:] [http://www.echr.coe.int/Documents/Convention_ENG.pdf], accessed on the 20.04.2015.
[4] Constitution of Ireland (In operation as from 29th December 1937), [online:] [http://www.irishstatutebook.ie/en/constitution/index.html], acc. 20.04.2015.
Recommended Citation
Berski, A. (2015) ,Does the provision for Irish prisoners to keep in contact with the outside environment require reform? Prison Law and Prisoner Rights Assignment 2015, DIT, School of Languages, Law and Social Sciences.