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

Assignment in EU Law

Extracts from this document...

Introduction

Assignment in EU Law In this assignment, I will look at three points, which will assist Monique to use the European Community Law in order to gain her redundancy payment. Firstly, I will concentrate on discussing the Supremacy of EC1 Law above national law. Secondly, direct effect of EC law. Thirdly, indirect effect of EC Law, referring to the notion of vertical and horizontal direct effect and lastly the matter on the non implementation of the (imaginary) Council Directive 12/05 which is called State Liability. However, it needs to be established to the reader whether Conker Plc is a private or a public company, as this will help Monique to receive the correct remedy, which may be available to her, if any. 1. Supremacy of EC Law It needs to be established if Monique can use Supremacy of EC Law, and if so then how. The doctrine of supremacy of Community law had no basis at all on the EC treaty but this changed, the growth of the European Court of Justice based their grounds on how the new legal order should work. The relationship between EC and National Law was established in one of the earliest cases 6/64 Costa v. ...read more.

Middle

It is very important for Monique to establish that Conker plc is a public company and not private in order to have grounds under direct effect of directive. In order that a company (organisation) is recognized as a public body, it must be providing a public service, under the control of the state with special powers. In the case of Foster,12 the ECJ sought out a preliminary ruling under Article 234 (ex 177), whether British Gas was a body of the kind against which the provisions of the Directive can be invoked. The CJ held in para18 that: 'The Court has held in a series of cases that unconditional and sufficiently precise provisions of a Directive could be relied upon against organizations or bodies which were to the authority or control of the State or had special powers beyond those which resulted from the normal rules applicable to relations between individuals.' The 'or' was changed to 'and' in Para 20 of the judgment so the definition can be narrowly applied or widely as the national courts may wish it to apply. So it was held that British gas was a public body providing a public function to the public, but in the case of Griffin ...read more.

Conclusion

The content of those rights is identifiable by reference to directive; and, 3. There exist a causal link between the breach of the state's obligations and the damage suffered by the person affected. Considering the above criteria, firstly does number 1 apply to Monique? The answer to this is yes, the directive 12/05 would have provided Monique with her redundancy payment- this directive gives the workers of at least two years continuous service entitlement to a minimum redundancy payment of one month's remuneration for each year of service, so as Monique has worked there for seven years she would qualify to receive this. Secondly, it is easy for Monique to bring action under this criterion as the UK government has been in breach with the Community law by not implementing the directive. ECJ stated in Pecheur that the principle in Francovich applied whether it was an act or omission by the organ of the state, which caused this breach. Thirdly, Monique has not suffered in a physical sense but she has suffered a financial loss due to the fact that the directive had not been implemented resulting in her having no payment for her services, this would result in the state being liable and would now owe her compensation for the damages she has suffered. ...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.

    decide whether a predatory pricing scheme may be potentially impairing competition and harming consumer welfare. In markets with high entry barriers, steady demand levels and large required scales of entry it is reasonable to assume that the probability of false negatives, i.e.

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

    However, I am fairly certain that given the increased revenues they will receive as a result, this would not prove too much of an inconvenience. In relation to the use of the works, the main problem for copyright owners is the use of their work, rather than the abuse of it.

  1. Discussion of the quotation from Advocate General Jacobs in Unión de Pequeños Agricultores v. ...

    If the test is applied at some future date, then the applicant would be faced with the same argument. Even if the applicant was the only person concerned (unique and one would therefore suppose the test would be fulfilled) the courts may, by the same reasoning as in Plaumann, decide

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

    This, according to Steiner reverts back to Directive 70/50's proportionality test but with the added "mandatory requirement" test. Prima facie this might appear therefore to be a more satisfactory situation than with distinctly applicable measures. However, the courts have had problems applying the test.

  1. EU Law - age discrimination and market access case studies.

    current issues are actual quantitative restrictions (a ban or quota on imports), or measures having equivalent effect to a quantitative restriction (MEQRs). According to case C-2/73 Geddo v Ente Nazionale Risi, a quantitative restriction can be defined as 'measures which amount to a total or partial restraint of, according to the circumstances, imports, exports or goods in transit'.

  2. Critically discuss the proposition that the Treaty of Lisbon has completed the evolution of ...

    to render an opinion on whether or accession is compatible with the treaties, 18 which legal academics suggest should be returned in the affirmative. 4 The Charter and the Lisbon Treaty: 4.1 The Lisbon Treaty (in a peculiar fashion in that it didn't form part of the treaties)

  1. European Law

    decided that this point should be admissible. The second complaint was that the UK had not taken all the measures necessary to implement the directive correctly and was in breach of Article 249 of the EC Treaty of failure to fulfil obligations.

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

    The test is set out below for Sunita's perusal: 1. A) the objective of the directive must include the conferring of individual rights; 2. B) the content and scope of those rights must be clearly identifiable from the text of the Directive; and 3.

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