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What is your view on the connections between law, state and society?
February 28, 2018
“(..) (N)ew EU Member States (…) inherited a well-developed complex of equal opportunities legislation, interpreted by a broad apparatus of ECJ case law which could be used to good effect in implementing the relevant directives. On the other and, the new Member States had to accept and implement an existing legislative package, the acquis communautaire, without having the opportunity (as the old Member States had had) to follow the maturing of the equal opportunities concept and to implement the EC legislation step by step. For this reason, it is obvious, that there was (and still is) a high probability, that the new Member States will need some years to ‘digest‘ the whole concept of equal opportunities, as defined by the EU” (Kristina Koldinska, Multidimensional Equality Law within the Czech and Slovak Republic, in: Schiek Chege (eds) European Union Non-Discrimination Law, 2009, at 250)……………………………………………………………………………………………………………….. Discuss critically, relating to the implementation of EU Non-Discrimination Directives (i.e. Directives 2000/43/EC, 2000/78/EC) in post-socialist Member States that acceded to the EU from 2004.
Manuel is the current owner of Tripartite Farm. In 1994 Manuel sold (in freehold) part of the farm, known as Big Field, to Johan. In return Johan covenanted on behalf of himself and his heirs and assigns forever that he would build no more than one dwelling upon Big Field and that the land would not be used for anything other than a private dwelling. In 2006 Manuel leased part of Tripartite Farm, known as Small Field, to Tarquin for 15 years. In the lease Tarquin specifically covenanted that: “Rent shall be paid promptly on the first working day of each month”; “No demand for rent shall be necessary”; and “Breach of any of the covenants in this lease shall entitle the landlord to forfeit the lease.” To date both Johan and Tarquin have complied fully with their commitments to Manuel. Manuel now wants to sell (in freehold) Tripartite Farm (including Small Field). Jorge is interested in acquiring Tripartite Farm but is concerned that if Johan breaches his freehold covenant and/or Tarquin stops paying rent then he might have no capacity to enforce the covenants (given that he was not an original party to either agreement). Question Explain to Jorge if (and how) the law will allow him to enforce these covenants in the event of breaches by Johan and Tarquin. Cite relevant legislation and case law to support your answer.