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EU law - Essay Example

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Name Institution Date 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…
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Download file to see previous pages The European Union has also come up with several measures that will help it in dealing with the member states who do not comply with the union’s laws. Key Question: How can an individual or business enforce its rights under EU law at national level? 1. What does “DIRECT EFFECT” mean? This is a principle of European law that applies to varying aspects of their law which are enforceable by the union citizens within their respective member states. This is carried out regardless of the fact that these countries may have initiated laws for their country that will be charged with implementing their provisions1. 2. Which EU measures can have direct effect? (a) Treaty articles- Have a direct effect as can be seen in the case of Van Gend en Loos v Netherlandse Administratie Der Belastingen Case 26/62 [1963]. This case established that the provisions under the treaty that helped in forming the European Union were indeed capable of establishing other legal rights that were enforceable by individuals living within the member states2. (b) Regulations- Have a direct effect as witnessed in the judgment at the case between Politi SAS v Italian Ministry of Finance Case 43/71 [1971] which concerned itself with the levying of duties on poultry imports to Italy3. (c) Decisions- Have a direct effect since as per the judgment made in the case of Grad v Finanzamt Traunstein Case 9/70 [1970] the nature, wording and backgrounds of the provisions found in various questions must be ascertained for the purpose of establishing the legal relationship between a third party and an addressee4. (d) Directives- Have a direct effect. In the case of Van Duyn v Home Office, a Dutch citizen by the name of van duyn was denied entry into the country for her affiliation to a scientific religion that was largely believed by the government to be communally harmful. After suing on the basis of the Rome treaty, the court was later on referred to the Justice court of the European Union5. (e) Recommendations and opinions- Do not have a direct effect. According to the rulings case of Grimaldi v Fonds des Malaises Professionelles Case 322/88 [1989], recommendations with no binding effects do not have a direct effect on the parties to the case6. 3. What conditions must be satisfied? (a) Treaty articles, Regulations and decisions: Three conditions on the direct effect the treaty, regulations and decisions may have were identified from the cases of NV Algemene Transporten Expedite Onderneming Van Gend En Loos V. Nederlandse Administratie Der Belastingen, Case 26/62 [1963]. They stated that the situations for the above three conditions should be precisely stated and be adequately clear, be unconditional and independent of other legal stipulations and confer specific rights upon which citizens could base their claims7. (b) Directives: For the direct effect to be applied to directives in three additional conditions require satisfaction. Firstly, the directives must be clear and precise as evidenced in the rulings made in the case of Defrenne v SABENA No 2 Case 43/75 [1976] while the second condition stipulates that the deadline for the implementation by the member states has not passed as witnessed in the case of Pubblico Ministero v Ratti Case 148/78 [1979]. Thirdly, the directives only have a direct effect which implies that the are only enforceable against their states as witnessed in t ...Download file to see next pagesRead More
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