EUROPEAN UNION LAW Essay Example | Topics and Well Written Essays - 1500 words

EUROPEAN UNION LAW - Essay Example The reason why Costa wanted an application of Article 177 is to be able to draw an interpretation of Articles 102, 93, 53 and 37 of the said Treaty, all alleged by Costa to have been infringed by the new law. These provisions deal with proscribed legislative acts of Member States. In February 1964, the Milan Court filed for an application of preliminary ruling before the European Court of Justice (ECJ). 3 (a) Costa. The position of Costa was that ECJ acquires jurisdiction by the mere application of a preliminary ruling whereby the application clearly shows the need for Court interpretation of any of the provisions of the Treaty. Moreover, it is not within the prerogative of the Court to determine how a court of a Member State has arrived at the fact of the referral. 5 (b) Italian Government. The Italian Government contended that the application for preliminary hearing was in itself inadmissible because it asked the ECJ not only to interpret the Treaty but also rule on the compatibility of the Italian law with the Treaty. A national court, according to the Italian government, does not have recourse to the ECJ on the basis of an application for preliminary ruling when the dispute attendant to the case requires only the application of a domestic law and not one of the provisions of the Treaty. The only way to involve the ECJ, according to the Italian government, is through Articles 160 and 170 which deal with the European Commission’s direct intervention by bringing case to the ECJ after determination of Member State’s non-compliance with its orders and when a Member State brings a matter against another Member State to the ECJ, respectively. 6 Rationale for the Decision: Whether or not a case involves the application of domestic law and not the Treaty itself, the ECJ can acquire jurisdiction over it once an application for preliminary ruling is submitted showing a need for the interpretation of any of the Treaty

Business Analysis of a Company's Failure Case Study

Business Analysis of a Company's Failure - Case Study Example John Purcell further highlighted the importance of employees in his research which emphasized the huge role played by the company's workforce as "strategic partners." This research strongly supports the highly economist viewpoint of Grant (219) of "aligning employees with organizational goals." Schuler and Jackson gave a more precise description on how management should "align" their workforce to support the company crafted strategy. This paper opts to further highlight the importance of workforce by looking at how Dell, Inc. failed due to human resource problem. Dell, Inc. is widely recognized as one of the market leaders in the global information technology (IT) industry. The company corners the largest market share in the US personal computer (PC) market accounting for 33% in 2003 (Dell, Inc. in 2005 C-130). This success in the global industry is highly attributed to its employment of a unique direct business model and just-in-time inventory system which is backed by excellent customer service. The organization has gained a strong reputation in delivering customer satisfaction by the manner the customer service representative handles calls, enquiries, and problems. However, this reputation has been tainted when it choose to employ Indians to handle both corporate and consumer clients. The growing globalization ushered a new trend... Managers argue that BPO is a "management tool" which "frees companies to build upon their core competencies by leaving the non-core stuff to providers" (Banham 1). Through the use of business process outsourcing, Dell hoped to cut costs without affecting service quality. However, this expectation has not materialized with its utilization of Indian call centers. The customers complain that "technical-support representatives were difficult to communicate with because of thick accents and scripted responses." What becomes apparent is the difficulty in communication due to significant language barrier. This new trend has adversely affected customer satisfaction while also endangering the sales and market share of the business organization. This paper believes that this business failure is primarily due to the employment of Indian human resource. It is stated above that the human resource of companies should be considered strategic partners which are essential in achieving the goals of a company. Dell, in a sense, is seen to be only concerned on the cost efficiency of business process outsourcing but has not fully considered the issue of turning their Indian employees as strategic partners. It can be seen that Dell is not able to fully communicate and stress to prospective Indian call center agents that they are essential in the company's success. Thus, it turned out that these employees fail to realize their worth in the business organization. It can be seen that Dell has also been lax in their recruitment and selection process. As the company is striving to maintain excellent customer service, it should also be very strict in hiring customer representatives and ensure that those selected can fully deliver the quality of