• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Principle of Direct Effect

Extracts from this document...

Introduction

1st Yr Public Law Coursework - Assignment Two (1983) words Scenario (a) The Principle of Direct Effect The power to issue directives is granted by Article 189 of the EC Treaty (new Article 234), paragraph 3. It provides a directive shall be, '...binding as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.' A directive is not directly applicable, which means it does not become law 'without further enactment', it must be implemented into the national law of the Member State. A directive is essentially an instruction to the member States to harmonize their laws accordingly. This is usually done by way of an Act of Parliament or Statutory Instrument. An implementation date is issued to the member States for them to comply with the directive. A state is not considered in default until the time limit has expired. Although directives are not directly applicable they can have a direct effect where the purpose of the directive is to grant rights to individuals; this means that a directive can be invoked to protect individuals in the courts, even when the State has failed to implement the directive. ...read more.

Middle

As the purposive approach to interpretation is more widely used in Europe than it is in the UK, judges in UK courts are less willing to 'read-in' words to national legislation in order to comply with the objectives laid down in EC directives. However, in Pickstone v Freemans Plc [1989] AC 66 the House of Lords was prepared to adopt a purposive construction to the Equal Pay Act 1970 in order to make it comply with the UK's legal obligations under the Equal Pay Directive. Lord Oliver commented, "...a construction which permits the section to operate as a proper fulfilment of the UK's obligation under the Treaty involves not so much doing violence to the language of the section as filling a gap by an implication which arises, not from the words used, but from the manifest purpose of the Act and the mischief it was intended to remedy." A directive cannot have direct effect until the time limit has elapsed; this was established by Publico Ministero v Ratti [1979]8 in which the claimant sought to invoke two harmonization directives before their allocated implementation period had elapsed. The Court held that until the time limit for implementation had expired the directives could not have direct effect. ...read more.

Conclusion

C-433/93 Commission of the European Communities v Federal Republic of Germany 3 Case 60/75 Russo v AIMA [1976] ECR 45 4 Case C-6, 9/90 Francovich v Italian State [1991] ECR I-5357 5 Case 100/77 The Commission of the European Communities v Italian Republic [1978] ECR 879 6 Case 14/83 Von Colson and Kamann v Land Nordrhein Westfalen [1984] ECR 1891 7 Article 5 of the Treaty of Rome 1957 as amended. 8 Case 148/78 Publico Ministero v Ratti [1979] ECR 1629 9 Brasserie du Pecheur SA v Federation of Republic of Germany [1996] 2 WLR 506 10 Aylesbury Mushrooms Case [1972] 1 All ER 280 11 Case 271/82 Auer v Ministere public [1983] ECR 2727, 2744 cited in Weatherill & Beaumont EC Law 1st Ed 1993 Penguin 12 Case 6/64 Costa v ENEL [1964] ECR 585 13 Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1 14 Case C-46, 48/93 Brasserie du Pecheur v Germany, Secretary of State for Transport, ex parte Factortame (Factortame iii) [1996] 1CMLR 889 15 Case 148/78 Publico Ministero v Ratti [1979] ECR 1629 16 Case 14/83 Von Colson and Kamann v Land Nordrhein Westfalen [1984] ECR 1891 cited in Martin, J. The English Legal System Updated Ed 1997 Hodder & Stoughton 17 Inter-Environment Wallonie ASBL v Region Wallonie ?? ?? ?? ?? 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree European Union Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree European Union Law essays

  1. Predatory pricing strategies in the European union: A case for legal reform.

    plant size permitting it later to expand and prevent entrants from operating at an efficient scale, and thus suggested a rule prohibiting output expansion for an 18-month period following the entry; Baumol, on the other hand, sought to prevent the predator's recoupment by prohibiting it from raising its prices for

  2. Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, ...

    Harmonisation of EU laws is a good start but may prove ineffective if the rest of the world do not follow suit. The inadequacies of by the DMCA can already be seen and this should be learned from when looking to implement future legislation.

  1. How far has the creation of a single market in goods resulted in the ...

    Steiner feels this is a good way to operate in restricting states as it provides certainty, rather than ad hoc exceptions under A.30. However, A.30 does provide detailed and specific grounds, even if many boundaries have to be drawn by the courts.

  2. EU - problem question

    to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice".

  1. EU Law

    between national courts of the Member States and the European Court of Justice (ECJ). Whether or not it is possible for a Reference to be made in this case with reference to relevant European Communities Treaty provisions and decided cases.

  2. What barriers must be removed in the European Union to ensure the free movement ...

    to less obvious restrictions such as a Government-sponsored campaign in the favour of home produced goods. Articles 28 and 29 therefore can challenge national laws of Member States. If reservations about laws of any Member State come into question, then where uncertainties lie, Community Law will always prevail.

  1. The ECJ's primary purpose in creating the concept of direct effect was to ensure ...

    The directives as direct effect are not applicable if it's between two individuals, this is known as horizontal direct effect. For protecting the rights of individuals the ECJ has developed the concept of Duty of Interpretation and State Liability. A Decision is binding in its entirety but only to whom

  2. EU Law - Albatros Pool problem case. Mark and Sunita must be advised that ...

    The revenue from the tax is to be channelled into supporting research and development initiatives of UK firms promoting more environmentally responsible alternatives to disposable plastic bags. The other one is a recent piece of UK legislation that prohibits the sale of any products made from hard wood materials unless

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work