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

Law of the European Union

Extracts from this document...


Law of the European Union Coursework. Identification of problem - UK in violation of treaty Application of legal rules and legal authority. The European Community is founded upon treaties. The transfer of sovereignty or powers from the member states to the institutions of the community is limited to specific policies and specific procedures to be found in the treaties. In this assignment I will be discussing how community law can be used in times of breaches by member states and what action individuals may take. Supremacy of EC Law. EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas. The legal order of the European community order is based of the twin pillars of supremacy and direct effect. The principle of supremacy is the notion that if there is ever a clash with Community Law and National Law, the community law will always prevail over supremacy law. By creating the community, the member states consented to transfer to it, certain powers of theirs and to restrict their national rights. One of the first cases to come before the European Court of Justice that distinguished the relationship between Community and National law was - Costa v ENEL [1964] E.C.R. ...read more.


If member states were free to stray from their obligations to implement directives then may important directives would remain implemented. As a result of this, the UK cannot use the defence that they thought the national curriculum was sufficient enough to encompass the requirements of the Directive. If this was the case then a lot of directives wouldn't be implemented because member states would think they weren't necessary. The effectiveness of a directive would be weakened if the nationals of a member state that had failed to implement a directive were denied the rights contained in the directive by the national courts. Gunilla can use the directive because if the courts deny her this, it would mean that she was denied individual rights that are contained in the directive. The ECJ stated three conditions that had to be satisfied for there to be a cause of action for non-implementation3. - The Directive had to create rights for individuals - directive 2006/124 did create rights for individuals - Those rights had to be ascertainable from the text of the directive - which would be available from the text of the directive - There had to be a causal link between the non-implementation and the claimant's loss - and there is a link between the non implementation and Gunilla's loss. ...read more.


If the individuals can not obtain compensation when their rights were infringed then according to Art 10, the EC law would come into question and the protection of the EC obligations. When the EC obligations have been breached therefore, individuals should receive adequate compensation. In order to decide the availability of compensation for Gunilla, the courts will have to have an assessment of the gravity of the breach of the UK. Gunilla can use direct effect to impose proceedings on the UK government. She can also claim for damages for losses that occurred under state liability. Community law will back Gunillas claim up using the rights that are entitled to all individuals by the EC law and the Directives. 1 Tullio Ratti v Ministerio Pubblico 1979 ECR 1629 2 [1964] C.M.L.R. 423 3 Francovich v Italy [1991] E.C.R. I-5357 4 In 837 Grad v Finanzamt Truanting 1970 ECR 825 at 5 Foster and others v British Gas plc [1991] 2 W.L.R. 1075 6 Marshall v Southampton Area Health Authority (1986) ECR 723 7 Duke v GEC Reliance 1988 2WLR 359 8 M.H. Marshall v. Southampton and South West Hampshire Area Health Authority [1990] 3 C.M.L.R. 425 9 ?? ?? ?? ?? ...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.

    the Community has been seen as a tool for the equalisation of prices at a pan-European level, the assimilation of market conditions, as well as the establishment of a single and unified market comprising all Member States of the Union.

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

    The problem with this is that the Internet and Internet technology is progressing far quicker than the law can and seems to be always one sep ahead. The solution may therefore be much simpler. Rather than rushing to legislate the current problems, organic growth of the law should be facilitated.

  1. Discuss the rules of Competition law and how the European Commission enforces these Laws.

    See the cases of Michelin v Commission20. It is also fair that the temporal market be looked at for example in the case of United Brands it could have been said that in the summer time bananas have an increased competition with other summer fruits. The Commission has published guidance on how to define a market.

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

    In coming to this conclusion, the Court of First Instance had regard to the decision of the ECJ in Les Verts 32 where it had held that the community, "based on the rule of law", had developed a system whereby the member states and the institutions could "not avoid a

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

    However, 'public policy' apparently has boundaries very narrowly defined from the outset. In R v Thompson[1978]67 the ground was successfully used to justify restricting important and export of gold coinage to protect the right to mint coinage, however, case law in general has been cautious not to make the ground a 'catch-all' safety net for states68.

  2. EU - problem question

    (Before we continue any further, for the purposes of Art 234 it is submitted that the Asylum and Immigration Tribunal satisfies the definition of "any court or tribunal"). Thus, does the third paragraph apply here? In Costa v ENEL7 the ECJ held that: " by the terms of this article (Art 234)

  1. European Law

    States have to this date resisted 'inserting a clause declaring the supremacy of European law over national law'6 into any Treaty. This being the case, the Commission would find it necessary for its own policy reasons to take action against a Member state, as being one of the most powerful

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

    Sunita should also be informed that damages may be awarded as a remedy in situations where a member state fails to transpose EU law. Where applicable the liability of the member state is determined by the non-implementation of a directive and a technical breach of its EU duties.

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