European Union Law Essay Example | Topics and Well Written Essays - 2000 words - 1

European Union Law - Essay Example Section 2(2) of the ECA enables such legislations to be enacted locally in the U.K. This is the enabling provision to repeal domestic laws inconsistent with EC law.3 The Directive comes into force once the set time limit has expired. If the Directive’s provisions are directly effective, an individual can invoke the provisions of the directive before a national court if the time limit has expired and accident occurred after the expiry of the time limit for transposition. The Commission may also bring action under article 258 of TFEU against the Member State. It can also bring an action against the Member State during the period of transposition or before the expiry of the set deadline if it finds that Member State has not taken national measures as in the present case, which can compromise the result envisaged by the Directive. In the case of Directives, they should be transposed within the time specified by the Commission failing which actions could be taken against the Govern ment in the national as well as European Courts. Infarction proceedings before the European Court of Justice can be initiated by the Commission as provided for under Article 226 of the EC Treaty. The Commission can also invoke article 228 in case a member State fails to rectify the lapse even after Article 226 proceedings, which can impose a lump sum fine on the State or an ongoing fine on a daily basis until the breach of law is corrected4. Recently, Ireland lost a case in the European Court of Justice in April 2013 for having failed to transpose the Article 8 of EU Directive 2008/94. In this case of No 398/11 Commission v Ireland, the court has stated at para 48 â€Å"Individuals harmed have a right to reparation against a Member State† if three conditions are fulfilled: There must be an infringement of EU law conferring certain rights to the citizens; the infringement must be serious; and direct causal link between the lapse and the damage to the individuals must be establ ished 5 Liability of the State arises from Article 4 (3) of TFEU which the national courts must ensure in the event of rights conferred by EU law on individuals being denied. To constitute a state liability, there must be a breach of EU law, attributable to the Member State and it must have caused damage to individual(s) as mentioned in the Francovich principle which arose out of Francovich case (1991)6 resulting from violation of the EU Directive which the Member State failed to transpose. Failure to implement can be total or partial. The Government is responsible for violation by different departments and also for the acts or omissions of public bodies who have been delegated with the responsibilities of performance. In Dillenkoffer and others v Federal Republic of Germany (1996)7, the failure to transpose within the time limit itself was held to be a serious violation. Thus, if an individual has interest safeguarded by the directive, state is held responsible for damages incurred by an individual caused directly as result of failure to transpose. This is especially relevant in cases of directives on health and safety at work, equal treatment of women etc.8

O&PM Assignment Essay Example | Topics and Well Written Essays - 500 words

O&PM Assignment - Essay Example Below describes how the 4Vs are involved in the business process in the supermarket. Ordering and delivery of goods from suppliers depends on volume of goods that were sold. The amount of goods ordered (volume) usually depends the amount present and the sales records. There can be a situation where the ordered volume of products is high but with a low variety of the same products. An example is when a large volume but small variety of fruits are ordered from suppliers. The demand for each product in a supermarket varies and is very hard to predict, and with not enough inventory space, what the management does is stock less volume of the products with more variety. This is to make sure that there is each variety of a product available for customers as each customer has different preference. It is crucial for a competitive supermarket to make sure they do not run out of each of the variety of products available. Another ‘V’ which is crucial to a supermarket is variation of demand as supermarkets have to cope with changing customer needs during different seasons. Therefore it is ultimately important to have large variety of products. Merchandising or displaying of products in shelves is also important. This is known as visibility. Products should be displayed in a manner that they are highly visible to the customer in order to make it easier for them to find the products. The main idea is to attract customers have many variety of products which are easily visible. Therefore the shelves should be designed in a way that there is a large variety of a certain product in its category on the shelf. Also fast- moving goods should be placed in shelves next to the entrance for convenience of customers (Samson and draft, 2012,56). Retail store orders for goods from warehouse according to need and preference of local customers. Periodically, the store

Operations Management Essay Example | Topics and Well Written Essays - 2000 words - 6

Operations Management - Essay Example Operations management is defined by Metters and Maruacheck (2007, p. 210) as the conversion of inputs into outputs, using physical resources in order to provide the desired utility of place, form, state or possession or a combination to the customer while still fulfilling the other organizational goals of efficiency, effectiveness and adaptability. Pilkington, and Meredith (2009, p. 190) further explain that operations management is basically concerned with conversion of inputs using physical resources. Nigel, Chambers and Johnston (2010, p. 3) defined operations management as a process of planning, organizing, controlling and directing the activities of the production function. Pilkington, and Meredith (2009, p. 190) argued that operations management is different from other functions of management such as personnel and marketing. He argued that there are several situations that marketing, personnel or other functions can be classified as operations. He holds that when other managers are involved in the physical distribution of products and services to customers, collection of marketing information or are involved in actual recruitment process qualifies them to be classified under operations management. The exclusion of marketing, human resource and other organization functions from the being classified as operations management is disputed by (Introduction to Operations Management) who offers a definition of operations.

Why Marijuana Should be Legal Essay Example | Topics and Well Written Essays - 500 words

Why Marijuana Should be Legal - Essay Example The evidence demonstrates that legalizing cannabis for medicinal in addition to general purposes would prove a benefit to society, evidence which is well-known throughout the scientific, political and public arena but this collective knowledge has yet to be acted upon. The economic feasibility of decriminalizing marijuana has become a much-discussed subject in recent years. The federal government presently spends a lot of capital on law enforcement to combat distributors and producers of drugs. By legalizing drugs this could eradicate much of the profit, bloodshed and corruption of that trade. If legalizing drugs is to have a positive effect on the crime rate, drugs must be made both inexpensive and available. Studies have repetitively suggested that prohibiting marijuana in the U.S. has not shown to be efficient or effective. According to the Drug Policy Alliance, â€Å"U.S. The economic feasibility of decriminalizing marijuana has become a much-discussed subject in recent years.   The federal government presently spends a lot of capital on law enforcement to combat distributors and producers of drugs. By legalizing drugs this could eradicate much of the profit, bloodshed and corruption of that trade.   If legalizing drugs is to have a positive effect on the crime rate, drugs must be made both inexpensive and available. Studies have repetitively suggested that prohibiting marijuana in the U.S. has not shown to be efficient or effective.  Ã‚  

Role of Business Ethics and Corporate Social Responsibility Assignment

Role of Business Ethics and Corporate Social Responsibility - Assignment Example Ethics can be defined as the study of moral which is appropriate for taking decisions after judging the plan of action. The two concepts are linked with each other for most of the firms. It is observed that in today’s competitive world, sustainable development is required in every organisation for its successful operation. It also leads to the enhancement of quality of products and services that they offer to their customers (Aybars and Kutlu, â€Å"Managing corporate performance†). Corporate responsibility can be regarded as the degree to which an organization complies with rules and legal guidelines which is made for the betterment of society (Nicolau, â€Å"Corporate social responsibility†). The contemporary business practices often identify noteworthy levels of understanding between the good and responsible corporate practices. In today’s world, the stakeholders and shareholders, who have understood the importance of CSR, is focusing on incorporating b usiness activities within the societal norms, which leads to good management practices. CSR has been regarded as the technique which assists an organization in evaluating the business activities and its effect on the environment and society through transparent and ethical decision making. World Business Council for sustainable development has stated that CSR approach can be defined as method of attaining sustainable development by contributing to the society. The different CSR activities include health and safety, corporate governance and ethics, environmental stewardship, human rights and sustainable development. It, thus, focuses on the features like, societal and community involvement, corporate philanthropy, development and investment, customer satisfaction, employee volunteering, anti-corruption... The assignment highlights the theory of Corporate Social Responsibility and its impact on the community and modern society. The researcher also elaborates the importance of ethics in leading a business organisation in a proper manner today. The concept of Corporate Social Responsibility, that is described in the assignment helps in revenue generation for a particular organisation in an ethical way. It also contributes positively to the society and environment. The assignment presented by the researcher also depicts the role of Corporate Social Responsibility practices in contemporary organisational practices. It can be concluded though that business ethics and corporate social responsibility have immense importance in development of an organisation. Without following the two fundamental concepts that are mentioned in the assignment, an organisation will not be successful in the long run and can even face challenges. Corporate social responsibility has become the best part of sustaina ble development program. For long-term sustenance, the organisation has to take into account the shareholder’s interest, environment and society as a whole. Ethics elaborates the correct and incorrect behaviour of any human being, which can affect the operation of an organisation and also, lead to disturb the entire society. Therefore, the researcher concluds the discussion and states that ethics and Corporate Social Responsibility both are required for organisational effectiveness for corporations and to run a peaceful business.

Elements of Religious Traditions Essay Example for Free

Elements of Religious Traditions Essay The term religion can bring up mixed emotions in people. Many people have different religious views and their traditions usually follow that religion. Religion is very vast and there are many different forms, views, traditions, and beliefs within each religion. Certain religions are monotheism, some are polytheism, and others are pantheism. Each religion encourages relationships with the divine, sacred time, sacred space or the natural world, and relationships with others. Relationships with the divine According to Molloy (2010), â€Å"All religions are concerned with the deepest level of reality, and for most religions the core or origin of everything is sacred and mysterious† (p 7). Each religion often calls the sacred by name such as Divine Parent, Great Spirit, the Divine, and the Holy to name a few (Molloy, 2010). Monotheism is a term that means belief in one God (Molloy, 2010). Polytheism is the belief in many Gods or Goddesses; the multiple Gods may be separate or a multiple manifestation of the same sacred reality (Molloy, 2010). Pantheism is the belief that the sacred as being discoverable within the physical world, in other words nature itself is holy (Molloy, 2010). Recently there are people who tend to deny the existence of any God or gods which is described as atheism (Molloy, 2010). Relationship with Sacred Time According to Molloy (2010), â€Å"Our everyday lives go on in ordinary time, which we see as moving forward into the future. Sacred time, however, is the time of eternity†(p 43). Many people have different names for this measurement of time such as the Artic people refer to it as â€Å"distant time†, Australian aboriginals refer to it as â€Å"dream time†(Molloy, 2010). Although there are many different names for sacred time they all refer to the time of eternity and each religion has a different theory on sacred time. Some people believe that sacred time is cyclical and returns to its origins for renewal. Others feel that by recalling and ritually reliving the deeds of the gods and ancestors (Molloy, 2010). Indigenous religions even structure their daily lives to conform to mythical events in sacred time which creates a sense of holiness in their daily lives (Molloy, 2010). Certain religions strongly encourage a relationship with sacred time and others tend to not worry about sacred time. Christianity for instance knows that someday Christ will return to earth however most Christians do not center their lives on waiting for this day. However some Christians live everyday as if it will be the day He returns and strive to be worthy in His eyes when that day does come. Relationship with Sacred Space or the Natural World Just like ordinary time there is also ordinary space. Sacred space refers to the doorway in which the other world of gods and ancestors can contact us and we can contact them (Molloy, 2010). Sacred space is often considered the center of the universe where powers and holiness are strongest; where we can go to renew our own strength (Molloy, 2010). In certain native religions sacred space is a mountain, great volcano, or other striking natural site. In Australian aboriginal religions Uluru (Ayers Rock) is their sacred center (Molloy, 2010). Sacred space can also be constructed into a certain shape, special building, or a boundary. For some religions, sacred space is often in the form of a church where people go to worship, pray, and learn about God; some churches are even built extremely tall to be â€Å"closer† to God. Critical Issues What should we study in order to properly understand religions? What attitude should we have when we study the religions of others? How can researchers be objective? These are just some of the complex questions that researchers should ask before attempting to study religions. Some of the issues in the first century included inability to travel, incomplete scriptures, or the translation they depended on were not accurate (Molloy, 2010). One of the main critical issues when studying religion is forming a prior opinion that can create a bias on the research. If a Buddhist is studying Christianity his opinion could be bias because of his own personal opinions on religion or a preference of his own beliefs versus the other. Conclusion Religion is sometimes defined as to join again. According to the common dictionary the word religion is defined as â€Å"a system of belief that involves worship of a God or gods, prayer, ritual, and a moral code† (Molloy, 2010 p 5). Within each religion there are specific beliefs, traditions, and values. Many religions encourage the relationships with the divine, sacred time, sacred space or the natural world. It is also crucial to identify critical key issues when studying religions. Whether someone worships one God, many gods, goddesses, or denies any existence of God or gods it is important to look inside each religion with an open mind. References Molloy, M. (2010). Experiencing the world’s religions: Tradition, challenge, and change (5th ed.). New York, NY: McGraw-Hill.

The Organisational Culture At Enron Corporation Commerce Essay

The Organisational Culture At Enron Corporation Commerce Essay This paper analyses the Enron organisation culture and the key issues that eventually led to the Enron Corporate debacle and why it is so vital that top level management is the main proponent of this culture shaping lower level employees behaviour of moral reasoning. Moreover, as there is a need to understand how the different types of cultures may effortlessly help business to perform, this essay will identify the type of Enrons corporate culture through applying the assessment instruments developed by Cameron and Quinn (1998). In todays business environment the culture has huge impact on organizations performance. It is widely recognized by the managers, that the adoption of organisational culture as an effective control tool, gives the opportunity to affect on what people think, believe and value (Ray, 1986). It is commonly known that different organisations have typical cultures. The culture of a group can be defined as: A pattern of shared basic assumptions that the group learned as it solved its problems of external adaptation and internal integration, that has worked well enough to be considered valid and therefore, to be taught to new members as the correct way to perceive, think, and feel in relation to those problems ( Schein, 1993: pp373-374). Organisations develop their own culture through history and structure that gives a sense of identity. Therefore, every culture possesses its own traditions, knowledge, art, moral issues, law, customs, and any other capabilities and habits acquired by individual as a member of society (Tylor, 1970).It ascertains, through the beliefs, values and norms the way how things are done around here (Mullins, 2002: p802). Organization theory scholars distinguish that organizational cultures associate to the concept of an organization. However, Huczynsk i Buchanan (2001: p627) argue that the facade symptom of culture are its most visible and most accessible forms, which are the visible and audible behaviour patterns and objects. In the case of Enron, the analysis for the companys downfall moved well beyond financial and economic debate as the corporate culture was shown to be a main reason and contributing issue (Rapoport Dharan, 2004). The society got a shockwave when it came to that Enron was seen to be an example of corporate citizenship and ethics previous to its fall down (Sims Brinkmann, 2003) while in reality the company was cheering a culture for back-biting management possessed with exhibiting short-term profits and inflating the companys stock value. Sims and Brinkmann (2003) point out that this difference between the culture shown to the public and investors and the values being enacted within the organisation is an example of the conflict that can be found between levels of culture within an organisation as suggested by Schein (1985). Conducting the further analysis of the Enrons downfall it is vital to identify the organizational culture that the company could be identified with. Hence, in accordance to Cameron and Quinn (1998) and their developed marking criteria, there are four types of organisational cultures identified which include collaborate (clan), create (adhocracy), control (hierarchy) and compete (market) cultures. After close research and analyse of the types of organisational cultures and relating the criteria to the case study it shows that Enron applied a compete culture, which to some extent, brought the company to downfall.  Compete (market) organizations are focused on relationships- in particular, transactions-with suppliers, customers, contractors, legislators, consultants, regulators, etc. Through efficient external dealings they feel that they can best achieve suc ­cess. Compete (market) organizations are concerned about competitiveness and efficiency through accent o n partnerships and positioning (Cameron and Quinn, 1998). Enron executives spent more time distressing about reputation and getting ahead than trading with the everyday business processes needed to prolong the company.  The top managers believed Enron had to be the best at everything it did. When there existed failures and losses in their business performance, what they did was covering up their losses in order to protect their reputations instead of trying to do something to make it correct. In the case of Enron, the mutual goal of winning that is frequently anxious in compete culture organizations, did not translate past rough business deals and unethical business practices. In Enrons case, its corporate culture played an important role of its collapse. It was culture of greed and moneymaking In Enron, greed was good and money was God. There was a little regard for ethics or the law. Such attitudes infused the whole company from the top down to individual workers. Organisational culture supported unethical practises- corruption, cheating, and fake practices were widespread. Many executives and managers knew that the company was following some illegal and unethical practices, but the executives and the board of directors did not know how to make the ethical decisions and corporate ethical culture. Creative accounting and misleading profit reports were a matter of everyday procedure. Denial and reputation management enabled them carry on their unethical and often illegal activities. In addition, if the company makes huge profits in unethical way then individual who joins the organisation would also have to practice unethical things to survive in the compa ny. The management was blinded by greed and ambition, their decisions became seriously flawed. Thus company fell back and managers had to pay in the form of fines and imprisonment. Thus, disregard to organisational culture and mismanagement in huge proportions and, mainly, greed is among the key factors that brought the Enron the most innovative company to downfall. Enron was looking into the ways of getting bigger, greater and more progressive than the other companies at that time. And it seemed to be really well on the way to that target. However, the analysis of Enrons organisational structure reveals that top managers of any organisation at all times must be responsible of everything that happens in their company. Hence, the Enrons top manager (Kenneth Lay) did not have his objectives, right interest and mission in the organisation. But the success of the business depends on the executives abilities to leadership, influence on others and how the real interests and goals are foll owed by. K. Lays position as a chairman was just a title for the company and as evidence of that is the action of passing along the responsibilities to the Jeff Skilling. That could be seen as the countdown of the organisational structure breakdown which is related as the key issue to all the businesses. A wise decision-making abilities and achievement of organisational objectives truly correlates with the companys organisational structure. In Enron case, people responsible for making such wise and important decisions were obviously those from the top of the management; however they did not really possess any of the productive objectives in their minds. The final decision-making was left for the chief financial and chief operating officers whose ability, in the other hand, excluded any sense of any kind of the responsibility for the consequences could occurred. The basic interest, as it seems from the case study analysis, was the financial profit- money. Thus, decision-making was easily blinded with the quantity of the business deals made and money seen, without any of the consideration of the future problems of the organisation, such behaviour could cause. According to Reh (2002), It is the leaders job to provide the vision for the group. A good executive must have a dream and the ability to get the company to support that dream. But it is not enough to merely have the dream. The leader must also provide the framework by which the people in that organization can help achieve the dream. This is called company culture (p.1). Generally, corporate culture refers to the prevailing implicit values, attitudes and ways of doing things in a company. It often reflects the personality, philosophy and the ethnic-cultural background of the founder or the leader. Corporate culture dictates how the company is run and how people are promoted (Wong, 2005, p.185). The leadership of the Enron could not cope with providing the guidance to help the business to survive. Hence, that is the clear evidence that Jeff Skilling proclaimed the Enrons corporate culture- the culture of greed, corruption and deception. He wanted profits at all cost, in addition the hiring practices became obsessed with finding aggressive, greedy, unethical employees who could deliver on the organisations demand for short term profits. There is a direct connection between the way a business and its people conduct themselves and the leadership within it. There was no respect or responsible decision-making in the Enron. The management of the organization was totally broken down by the companys executives, who displaced their responsibilities to unprofessional staff and there was no rigorous standart of the performance for their business. The senior management failed to maintain a relationship of openness and trust with employees. Staff members who questioned the wisdom of some of Enrons decisions and practices were either ignored or silenced. Senior management cared more about self-enrichment than the needs of employees. They showed little regard for meaning and ethics beyond the bottom line (Wong, 2005, p.185).And when the top managers turned a blind eye on the legal aspects when performing financial operations, the clear message of the tolerance of the illegal practices was sent. After analysing the case study I suggest that the most important lesson is that corporate culture matters it can either bring prosperity or disaster to the organization. A company needs to promote an organisational culture with moral way of thinking as Peters Waterman (1982: p75) points out that without exception, the dominance and coherence of culture proved to be an essential quality of the excellent companies. This culture should be top level management as they are key figures, which employees will follow. If executives of a company consider the short term bottom line to be the most important factor to success then lower level employees will soon get the message and acquire the game rules. This environment is exposed to the actions such as intentionally breaking the rules, if results cannot be achieved within the legal framework. From studying the Enron case it is seen that collapse was brought on by a lack of respect, lack of concern of management and real goals. To point out that the enormous amount of losses of the company destroyed the lives of the Enrons employees and the investors who trusted and heavily invested in the business. After all taking on to account that organisational culture is able to bring an enormous difference and guide the organisation to success and prolong reasonable rewards (Hoecklin, 1995) by possessing effective management (Miroshnik, 2002), the Enrons example demonstrates that when there is unhealthy corporate culture in the company which lacks the true leadership, true interests, true goals, wise decision-making and the main issue is greed for money, then such a business is exposed to become the bankrupt.