CHECK THESE SAMPLES OF The ability of individuals to enforce their rights under EU law before national courts
...depending on whom the right is enforced against. If the entity is the State or its emanation, vertical direct effect will apply. In a vertical direct effect, there is an alignment between the EU law, National Law and the State’s obligation to ensure that its national legislation is in consonance with EU law. This was established in Foster v British Gas,. British Gas being a public sector at the time. 6 In the instant case, if the employer is a local authority, it is considered as an emanation of the State and hence has the same obligation as applicable to the State. Thus, the Estate...
7 Pages(1750 words)Essay
...prohibiting fur farming and restricting the entry of fur products in its territory is indeed a hindrance to competition. It is clear that its intention is to impede, prevent or reduce patronage of products source from other Member States which is contrary to the EU’s objective of a single and integrated market. This would promote locally produce products giving it undue economic advantage. Thus, the act of Sagoland falls within the prohibition of Article 34 TFEU. II. Measures of another Member State to protect the health and life of the animals found in the other Member State cannot be justified under Article 36 TFEU. National law of Sagoland intended to protect the life...
20 Pages(5000 words)Essay
...share of the loss16. Moreover, In Courage v Crehan17, the ECJ held that any individual could rely on a breach of Article 81 of the EC Treaty (now article 101 TFEU) before a national court. This suggests that denying standing to indirect purchasers would be incompatible with EC law, as it goes against the principle of direct effect. The ECJ did not rule in Crehanon the specific point of whether indirect purchasers have standing for private enforcement actions and it remains to be seen whether allowing indirect purchasers to sue would affect the approach to the passing-on defense18. While private enforcement of damages...
15 Pages(3750 words)Essay
...the right to punish the dealer of Blokkia AB for selling the mobile phone to a child under 10 years old? Further, a member nation has to implement any directive of the EU within a specific time-frame. In Francovich and Bonifaci15, it was held by the Court of Justice that member nation is bound to defray damages where loss is incurred due to failure to execute a directive either in part or in whole16. In ECJ cases, the Advocate General will offer an outlook on the legal dispute to the Court. However, the opinion of the Advocate General will not be binding on the ECJ. The single judgment with no dissenting opinion will be...
11 Pages(2750 words)Assignment
...by means by peaceful negotiations or in the court. Still, there is a serious gap concerning individual’s rights protection, when discrimination occurs on the basis of sexual preferences, age, religion or other matters (Meyerson, 2009). Thus, Gelber (2002) claims: “ human rights law has `not engaged explicitly with religious traditions', in the sense that human rights principles tend to advocate freedom of religion, yet this freedom is controversial in cases where a religious tradition denies plurality. Furthermore, many religious traditions evidence historical discrimination and intolerance” (Gelber, 2002). Thus, it is relevant to...
4 Pages(1000 words)Research Paper
...achieve the same objectives and give private individuals whose rights are protected by certain directives to get justice under the law (Eurofound):
The European Court’s doctrine of indirect effect achieves indirectly, through the technique of judicial interpretation of domestic law, the result obtainable through the doctrine of direct effect: national courts are required to interpret their national law so far as possible, in the light of the wording and the purpose of the directive in order to achieve the result required by the directive…The principle of state...
14 Pages(3500 words)Essay
...is acquired within 3 months of working and living or studying and living in the host state.14 Elijah’s claim for textbooks under the Directive has far more legal certainty than his claim for a student loan. The doctrine of direct effect is necessitated by the principle of effete utile which seeks to harmonise EU law.15 In general the doctrine of direct effect holds that EU citizens are entitled to enforce EU law throughout the EU via national courts.16 Whether or not a Directive had been implement or not, or was improperly implemented, it would be...
3 Pages(750 words)Coursework
...Primacy of EU Law over National Law Upheld Through Indirect And Direct Effect Doctrines
Introduction
The most salient features of the new "Constitution for Europe," which was finalized in 2004, are the provisions on the so-called Community Method and on "subsidiarity." For the first time, the Constitution also gives European citizens the right to ask the Union to launch initiatives. Under the Community Method principle, the EU law has primacy over the law of member states. This means that any EU law is an integral part of...
11 Pages(2750 words)Essay
...Running head: RIGHTS UNDER THE EMPLOYMENT LAW Rights Under the Employment Law: Issues and Advice (School)
Rights Under the Employment Law
Issues and Advice
In the workplace, employees have certain rights when they accept an employment offer. They also have an understanding of what will be expected of them in their position. When there are drastic changes, employees need to know what steps to take to determine their rights in such a situation. Below is a hypothetical conflict faced by an employee in a national...
7 Pages(1750 words)Case Study
... as formulated by ECJ in the Franz Grad case where the Court ruled that an individual has the right "to invoke the obligation created by a decision before a national court"117.
Despite all this plethora of directives and regulations, these are not forces to reckon with.
An example is in the field of social policies where it has been observed that "EU directives do not represent a significant constraint in most labour contracts" and that "most EU directives... the Commission has the power to pressure such Member State to comply with the judgment of the Court and if the...
66 Pages(16500 words)Dissertation
