EU Law - Coursework Example

Comments (0) Cite this document
EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the European Union (TEFU), formerly 28-30…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.5% of users find it useful
EU Law
Read TextPreview

Extract of sample "EU Law"

EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the European Union (TEFU), formerly 28-30. Article 34(formerly Article 28) prohibits quantitative restrictions on imports and Article 35(formerly Article 29) prohibits quantitative restrictions on exports.3 Article 36 however, provides for exceptions to quantitative restrictions and includes restriction exceptions on the grounds of public health, morality, public police, public security, protection of animals or plants, national arts, history, archaeology, industry and commercial property but may not enable discriminatory treatment.4 The restrictions on Katisa’s export of balsamic vinegar to Member State Y must therefore be examined by reference to Article 36. The advertising and bottling restrictions appear to fall within the Article 36 exception to the ban on quantitative restrictions relative to the protection of commercial property and consumer protection. In this regard, the quantitative restriction can only be justified if it is necessary and proportionate for the ends that it seeks to achieve.5 In considering whether or not measures for the protection of consumers and commercial property were necessary and proportionate, the European Court of Justice had a packaging issue to consider in Walter Rau v De medf. 6 In this case, Belgium required that margarine be packaged in cube shaped packages to avoid consumers confusing it with butter. The ECJ ruled that this restriction could not be justified since other labelling measures could achieve the same end.7 Therefore, Katisa should be permitted to export balsamic vinegar to Member State Y with appropriate labelling distinguishing it from other similar goods. Similarly, Katisa should be able to advertise her goods by applying the same reasoning. Measures can be taken to ensure that the advertising is not aggressive and it would appear that a restriction against advertising altogether is tantamount to an unjustified quantitative restriction. Elijah’s case involved two distinct issues: freedom of movement of people within the EU and the direct effect of Directives. Freedom of movement of people within the EU is contained in Articles 20-23 of TFEU which includes the right of EU citizens to live and move freely within the EU.8 Freedom of movement is supplemented by Directive 2004/38/EC. Article 24 of Directive 2004/38/EC provides that EU nationals are entitled to be treated equally to citizens of the host state.9 However, the host state has no obligation to confer upon the EU citizen of another member state social assistance prior to the expiration of 3 months residence in the host state. Moreover, grants or other forms of vocational and student assistance are not mandatory unless the EU citizen of another member state has achieved the status of residence.10 In this regard, residency is achieved if the individual has lived and worked or studied with an accredited institution within the host state for more than three months.11 Therefore, if Elijah has been resident and enrolled at the accredited institution for more than three months and has not been collecting social assistance from Member State Y,12 he is entitled to the grant. Even so, the host state may require a longer period of integration to be satisfied that the student has sufficiently proven to be self-sufficient and has sufficiently integrated into society. The host state may establish a period of time for substantiating the student’s claim that they are settled in the host state prior to allowing the student to qualify for social assistance of any sort.13 In other words, Member State Y is at liberty to require that Elijah has resided in its territory for a reasonable period of time, without social assistance for a specific time period necessary for establishing that he is integrated into society prior to allowing him to collect the student grant. Whether or not 6 years is excessive is another issue and this might be overruled by the courts since a right of residence 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 enforceable against the Member state, provided it was clear and unconditional and its expiration date has not expired.17 The main problem however is that the institution is not an emanation of the state and therefore the Directive cannot be enforced against the institution.18 However, while Elijah may not enforce the directive against the private institution, he may seek damages against the state for any losses he may have incurred as a result of the state’s failure to implement or improperly implement the Directive in question.19 Elijah must demonstrate that the Directive gives him a right, the right is identifiable and that his loss and damages are linked to the failure of the state to implement the Directive.20 Therefore, Elijah may not enforce the Directive against the private institution, but he is free to claim damages for the institution’s failure to distribute free text books. Elijah also has a reasonably good chance of success in a claim against the government agency for a student grant on the basis of his residency, if he has been studying at the institution for at least three months and has no previous claim for social assistance from the government. Bibliography Textbooks Kennedy, T.P. European Law. (Oxford, UK: Oxford University Press, 2011, 5th Edn.). Journal Articles Inanilir, O. ‘Derogation from the Fee Movement of Goods in the EU: Article 30 and “Casis” Mandatory Requirements Doctrine,’ (2008)2 Ankara Bar Review, 106-113. Mayr, S. ‘Putting a Leash on the Court of Justice? Preconceptions in National Methodology v Effet Utile as a Meta-Rule.’ (Autumn/Winter 2012) 5(2) European Journal of Legal Studies, 8-21. Cases Cases 46/93 & C-48/93 Brasserie du Pecheur and Fatortame III [1996] ECR 11029. Case 91/92 Faccini Dori v Recreb srl [1994] ECR 1-3325. Cases 6 and 9/90 Francovich v Italian Republic [1991] ECR 1-5357. Case 157/86 Mary Murphy and Others v An Bord Telecom Eireann [1988] ECR 673. Case 148/78 Pubblico Ministero v Ratti [1979] ECR 1629. Case 120/78 Reve-Zentrale AG v Bundesmonopolvervaltung Fir Brantvein [1979] ECR 649. Case 209/03 The Queen (on the application of Dany Bidar) v London Borough of Ealing, Secretary of State for Education and Skills (15 March 2005] (Retrieved 4 January 2014). Case 41/74 Van Duyn v Home Office [1974] ECR 1337. Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1. Case 261/81 Walter Rau v De Smedt [1983] 2 CMLR 469. Statutes Directive 2004/38/EC. Treaty on the Functioning of the European Union (Consolidated Version 2012). Read More
Cite this document
  • APA
  • MLA
(“EU Law Coursework Example | Topics and Well Written Essays - 750 words”, n.d.)
EU Law Coursework Example | Topics and Well Written Essays - 750 words. Retrieved from
(EU Law Coursework Example | Topics and Well Written Essays - 750 Words)
EU Law Coursework Example | Topics and Well Written Essays - 750 Words.
“EU Law Coursework Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


EU law

...?EU law Introduction Article 189 of Treaty of Rome provides for a directive of the European Union to be binding on Member s with flexibility have their legal text of their transposition according to their national peculiarities. In other words it can be so worded so as to be compatible with their national legislation. The aim of a directive is achieve the substance rather than the form. Thus, Member States are free to achieve the end-result required by a directive in suitably incorporating in their national laws.1 Case discussion with relevant legal principles Although the employer has allowed rest period 10 minutes as permitted in Estate Facilitators Act 1965 as against 15 minutes...
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 and health of animals found...
20 Pages(5000 words)Essay

EU law

...? EU LAW –AN ANALYSIS Problem A In European Union, the most important legislative instruments are regulations and directives. A regulation is a general rule that is obligating upon member nations in whole and is directly applicable to all member states. Obligating in whole connotes that the member states has no preference as to method and form. On the other hand, directives are general rule, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice to method and form, the institutions of the member states can exercise their power. There is less clarity about their direct impact due to the wider policy...
11 Pages(2750 words)Assignment

EU law

...EU LAW Summary The paper provides the meanings of the direct and indirect effect of EU law at national level. It additionally describes the legal instruments that are affected by the above two and the conditions that have to be satisfied in order to ensure their effects are felt within the legal system. Finally, the paper provides a description of the actions that can be taken against the member countries of the European Union in ensuring that they do not breach the union’s laws. Introduction Businesses and individuals have been offered a variety of mechanisms and laws for ensuring that their rights are respected at their nation’s level....
3 Pages(750 words)Essay


...the union has a directive on the right of the citizens of the union to move freely within the member states, Antoine has full right to exercise his right to be employed by the restaurant in London. All these parties after their rights have been infringed by the decision of the national authority as for Claude and Marie, and by fellow citizens as for Antoine, they have to seek redress first by appealing through the means provided by its national legislation. The EU law on free movement of workers can be invoked in national proceedings before the national authorities and courts. In a related scenario, Case C-434/09 McCarthy v Secretary of State for the Home Department Ms McCarthy, a citizen of the United...
10 Pages(2500 words)Essay

EU LAW put profit gain before service to the public; hence the imperatives of the free market do not directly affect them. II. Health safeguards in the I.T workforce A. First Scenario Assuming that an EU regulation provides for a 5-minute break of employees working with computers at two hour intervals throughout the working day; however, UK laws lack such provision. The area of interest now would be the rights of an employer against an employee, after she developed migraine attacks resulting from her constant use of computer, as required from her job. The Van Gend en Loos vs. Neatherland2 2established dual vigilance used to enforce the directives of the European law with every Member State....
6 Pages(1500 words)Essay

EU Law

...other commercial organisation importing clementines. The applicant could not show that it was specifically discriminated against. However, in Cordorniu although the Court of Justice held that the Regulation was generally applicable the applicant was successful as it was able to show an infringement of its trade mark rights which the Regulation would have overridden. Therefore it is submitted that in view of the fact that the Regulation is generalised in its application and that neither party can show direct discrimination, their application(s) must fail. Bibliography Craig, P and De Burca G, (2002), EU Law, Text, Cases and Materials, OUP Charles and Dilshad: Case-C188/89 A Foster and Others v...
10 Pages(2500 words)Essay

Eu law

...Analysis of the case Kolpinghuis Nijmegen BV 80/86 (European Court of Justice) Question The facts of the particular case can be summarized as following: In Netherlands, the delivery of a beverage called ‘mineral water’ has been considered as breaching the national law (the article 2 of the country’s inspection regulation). The reason is that the above beverage is consisted of tap water and carbon dioxide. For this reason its delivery can be prohibited in accordance with the above mentioned national regulation where it is stated that the relevant authority has the power to prohibit the ‘stocking for sale and delivery of goods intended for trade and human consumption which are of unsound composition’. Question 2 The case commenced... this...
6 Pages(1500 words)Essay

EU law

...EUROPEAN UNION LAWS Question Under the European Union (EU) laws, a directive is an instrument, directing its Member Countries to perform wholly, the instructions mentioned in the said Directive and this shall be binding and mandatory on such Member States. Directives issued by EU need to be enforced by Member countries; there are seemingly no escapes, however, its modalities and modus operandi are subject matters to be decided by its National Courts and law makers. Norms of enforcement: However, what is important is that directives cannot be ignored, brushed aside or partially enforced by Member States, nor any compromises made on its practical...
9 Pages(2250 words)Essay


... versus union law, and the role of the Commission in the democratic functioning of the Union. Because the European Commission is made up by appointees and not elected officials, the democratic legitimacy of this unelected body was cast into doubt. Described by many as a “democratic deficit” within the EU, it was likely an important factor for the failure of the Draft Constitution to be implemented as law. Additional concerns included the potential ascension of Turkey into the ranks of the EU. Although the Draft Constitution has not yet been fully implemented the debate that it stimulated amongst members of the EU, as well as within member states, is important. Democracy was again displayed when conditions were made to ensure... The...
12 Pages(3000 words)Essay
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 Coursework on topic EU Law for FREE!

Contact Us