Nobody downloaded yet

The ability of individuals to enforce their rights under EU law before national courts - Essay Example

Comments (0) Cite this document
Summary
Despite the fact that the individual can be regarded as a subject of Community law under the canons of direct effect and as a resident of the Union under the TEU , but the framework of the Community law pertaining to the individual judicial safeguard of his right has not been analogues…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
The ability of individuals to enforce their rights under EU law before national courts
Read TextPreview

Extract of sample "The ability of individuals to enforce their rights under EU law before national courts"

Download file to see previous pages In a number of cases, the Court has awarded interim reliefs, which are an outstanding concept for the conceptualising the difficulties that individuals witness when initiating legal proceedings before national and European courts when trying to prey for safeguarding the rights offered by the Community .
European Union law is having an equal force with any EU’s Member State law. It offers commitments and rights on the officials of the each of the EU Member State as well as the businesses and the individuals. For implementation of the EU law in national law, the authorities will be held responsible in each and every Member State and such officials should warranty ordinary citizen’s privileges under these laws. EC can be approached by any individuals to make complaint against a Member State for any practice or any measure concerning to a Member State which such individual think not attuned with a principle or provision of EU law . This research essay will discuss in detail with the support of decided legal cases and academic opinion about the ability of Individuals to enforce their rights under EU law before national courts.
“Direct, Vertical and Horizontal Effect “
The canon of direct effect facilitates an individual to cite a European legal provision either before the European court or national court. However, direct effect is applicable only to some European regulations and is subject to many stipulations. Direct effect facilitates individuals immediately to refer EU regulations before state courts, despite the fact whether national law test exist or not. Hence, the direct impact guarantees the effectiveness and application of EU laws in the Member States. However, there are many conditions imposed so as to make a European law to be applicable instantly. Further, the direct effect may only relevant as to relations between a person and the Member State or be extended to relations between individuals. The direct effect has been preserved by the ECJ in the landmark case Van Gend en Loos3 in 1963. In this verdict, ECJ held that individuals do have rights and also impose some obligations on EU Member States as regards to individuals’ rights. Hence, individual may derive benefits from these privileges and can directly employ European legislations before European and national courts. Nonetheless, there is no obligation on the part of the Member States to adopt the concerned EU Act into its internal legal setup. It is to be noted that there are two features to direct effect namely a horizontal feature and a vertical feature. Horizontal direct effect connotes affairs between individuals which involve that a person can employ a European law as regards to another person. Vertical direct impact connotes the relationship between the State and the individuals. The ECJ has acknowledged either a partial direct impact which is restricted to the vertical direct impact or a full direct impact which has a horizontal direct impact as well as a vertical direct effect4. In Van Duyn5 case, it was observed by the European Court that while the EU regulations may have their direct effects, the EU directives may not have ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The ability of individuals to enforce their rights under EU law before Essay”, n.d.)
Retrieved from https://studentshare.org/law/1402242-eu-law
(The Ability of Individuals to Enforce Their Rights under EU Law before Essay)
https://studentshare.org/law/1402242-eu-law.
“The Ability of Individuals to Enforce Their Rights under EU Law before Essay”, n.d. https://studentshare.org/law/1402242-eu-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The ability of individuals to enforce their rights under EU law before national courts

EU law

...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

EU Law

...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

He ability of private individuals to seek damages for breaches in the EU competition law

...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

EU law

...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

Public Law and the Rights of Individuals

...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

Advice on Frances Rights under the Law

...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

EU Law

...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

...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

Rights Under the Employment Law

...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

Fundamental Rights of EU Law

... 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
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The ability of individuals to enforce their rights under EU law before national courts for FREE!

Contact Us