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EU Law - Research Paper Example

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The author of this paper "EU Law" comments on the European Union law issues. As it is mentioned here, the distinction between a regulation, a directive and a decision, which combined form part o the secondary law, is the one that has problems with the application of the doctrine of direct effect. …
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EU Law
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Download file to see previous pages It sets out the vision or primary goal that must be achieved and then left to the individual state to see how best it will implement the directive. In other words, a directive is aimed at allowing a country’s national laws to easily conform to the international laws. This means that a country has the option to already rely on its own existing laws if it feels they are sufficient.6 It will also have the option of coming up with the laws to which the latter grant them a period of between one to five years. It is stated that the differences between regulations and directives are aimed at member states or individuals while regulations apply to everyone. It is also argued that regulations are designed to apply directly while as seen in Article 288, directives are made effective after some form of legislation is implemented by the member state to give the said directive a form of validity.7 In the case of Van Duyn v. Home Office [1974] ECR 1337, the applicant Yvonne Van Duyn, a Dutch woman, was denied entry into the United Kingdom to work as a secretary in the Church of Scientology.8 The conflict that caused her to sue Home Office was that she had rights to movement as a worker. This meant that the Home Office had no right to turn her away. On the other hand, the Home Office argued that it had a right to deny a person entry on the basis of public policy, public security and public health. At this time, the Church of Scientology was banned, and on this basis, the entry of Van Duyn was denied.9 Evaluation of the Differences, Advantages and Disadvantages As discussed above, it emerges that a difference exists between these two decided cases. A regulation as shown by the case of Commission v. Italy, part of the...
It is stated that the differences between regulations and directives are aimed at member states or individuals while regulations apply to everyone. It is also argued that regulations are designed to apply directly while as seen in Article 288, directives are made effective after some form of legislation is implemented by the member state to give the said directive a form of validity. In the case of Van Duyn v. Home Office [1974] ECR 1337, the applicant Yvonne Van Duyn, a Dutch woman, was denied entry into the United Kingdom to work as a secretary in the Church of Scientology. The conflict that caused her to sue Home Office was that she had rights to the movement as a worker. This meant that the Home Office had no right to turn her away. On the other hand, the Home Office argued that it had a right to deny a person entry on the basis of public policy, public security and public health. At this time, the Church of Scientology was banned, and on this basis, the entry of Van Duyn was denied. As discussed above, it emerges that a difference exists between these two decided cases. A regulation as shown by the case of Commission v. Italy, part of the ruling was that a directive cannot be interfered with. It must be implemented in its entirety. On the other hand, as Van Duyn v. Home Office has shown, a country has the discretion to implement a directive as it sees fit. This means that the individual country has the advantage of refusing to implement a directive if it contravenes national law. ...Download file to see next pagesRead More
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