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European Union - Essay Example

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The Doctrine of Direct Effect By Course University Date Word Count: 2032 Introduction The main issue for Rick and Malcom is whether or not the unimplemented Directive 2012/65/EU has direct effect in the UK. A Directive is an EU instrument and substantively, it is binding on the member state to which it is addressed, although the member state has some flexibility relative to the formal implementation.1 In this regard, the doctrine of direct effect refers to horizontal and vertical direct effect of EU law…
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European Union

Download file to see previous pages... integrate EU law.6 Vertical direct effect occurs when EU law has direct effect between private parties and a member state of the EU.7 The direct effect of Directives is a necessary part of the EU legal regime as EU law is administered through the Commission, the European Court of Justice (ECJ) and national Courts. For the most part, “indirect administration” of European law is the primary mode of enforcement via national courts and “national authorities”.8 The Applicable Law Direct Effect The doctrine of direct effect was established by the ECJ in Van Gend en Loos v Nederlandse Administratie der Belastingen, in which it was held that the Treaty Establishing the European Community created legal rights that individuals could enforce through national courts within the European Community.9 Directives would have direct effect if they were clear and precise, unconditional and conferred a right upon the individual seeking to enforce it.10 The doctrine has since been developed by the ECJ as a means of enforcing EU law consistently through the EU.11 For example in Van Duyn, the ECJ held that once the Van Gend requirements are met and even if a Directive was conditional, it could still have direct effect against member states, regardless of whether or not the Directive was implemented.12 The main objective was to ensure that the intended outcome of the Directive was accomplished. In Van Duyn, the Directive’s outcome was the elimination of discrimination and in cases of this nature, the intended outcome would be important. This was because, the intended outcome would be compromised if individuals could not enforce it in the national courts.13 With regard to the fictional Directive, although not implemented by the UK, has direct vertical effect against the government based on the rulings in Van Gend and Van Duyn. The UK may only escape liability for the unimplemented Directive if the Directive itself is unclear and conditional. However, the Directive appears to be quite clear on its intention, the member state’s obligations and it is not conditional on the occurrence of an event. The only condition, is that the obligations arise when temperatures fall below 1 degree Celsius. Assuming that the temperatures were below 1 degrees Celsius at the time of the accidents in December 2012, the UK’s obligations to ensure road safety on primary roads and motorways arise. The accidents occurred on the A5 and the M6 and as such fall within the Directive obligations as primary roads and motorways. The Directive clearly sought to prevent the kinds of accidents that occurred. The Directive instructed member states to ensure that primary motorways and roads are kept clear of snow and ice once temperatures drop below 1 degree Celsius. Both accidents occurred on major motorways when temperatures presumably dropped below 1 ...Download file to see next pagesRead More
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