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University Degree: European Union Law
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Why was Article 13 of the Convention left out of the Human Rights Act 1998 and with what results? How could the relationship between the Human Rights Act 1998 and the European Convention on Human Rights change after the entry into force of Article 6 (2 and 3) of the Lisbon Treaty?
For the years between 1951 and 1998, English courts were influenced by the European Convention of Human Rights 1950 yet it was not enforced. ?The House of Lords stated that they would presume that Parliament did not intent to legislate contrary to the ECHR.? This leads us to assume that decisions taken by the House of Lords would most closely correspond with the rules set out in the ECHR, but that this compliance is not legally binding. Since the European Court of Human Rights can only be called upon after all domestic remedies have been exhausted, Parliament plays a large role in deciding if primary and secondary legislations were incompatible with the ECHR.
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EU LAW Directives Problem Case - Grace would make a claim for discriminatory against her employer her to retire 5 years before any male employee of her age
This is a right which she can enforce in the Enlgish courts. As the implementation period for the directive has passed, Grace may attempt to enforce it. The UK would not be able to rely on, or use as a defence, the fact that it has failed to implement the directive within the 2 year implementation period. Van Gend laid down a three stage test to determine whether an EU legislative instruments can have direct effect. First, Grace must prove that the directive is clear and precise.
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