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Drugs - Essay Example

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The situations are as follows: The EU passes a (fictitious) regulation requiring the replacement of the current copper wire network with fibre…
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Download file to see previous pages In the second case, the EU also passes a (fictitious) directive on the right of all residents to high speed broadband by Jan 2014. This includes the duty to replace all existing broad band connections with modern connections to the new fibre optic system. The Directive is to be implemented by Member States by July 2013. The UK Statutory Instrument implementing the directive says that ‘all connections within private buildings will be replaced with modern connections.’ The connections are being changed by a subcontractor; Sparky Ltd. Sparky has been given a wide discretion as to how they complete the job as long as they are finished by December 2013. They are given details of all current broadband users so that they can contact them to arrange changing the connections. Martin’s small IT business leases part of a building used by the local secondary school. This is a public building. Sparky therefore refuse to replace the connections as they are only required to replace connections in private buildings. As a result, Martin loses business to operators who are able to offer high-speed broadband.
The EU law should be able to assist both Bob and Martin. In the case of Bob, the regulation passed by the EU requiring that current copper wire network gets replaced with fibre optic cable by December 2013 is a type of EU law that is directly effective. Worth noting, however, is that the responsibility to enforce the EU regulation does not rest exclusively with the EU. EU law does not just come up with legal rights and obligations for member states; this was famously said by the Court during the Van Gend Loos case that obligations are also imposed. According to the legal system developed by the treaties of EU, a distinction is made between national and international law; the reason the system is in existence is because it was created by member states through ...Download file to see next pagesRead More
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