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Hello, I am looking for someone to write an article on Connection with EU Laws. It needs to be at least 2750 words.
Hello, I am looking for someone to write an article on Connection with EU Laws. It needs to be at least 2750 words. If a provision of EC law is directly applicable, section 2(1) of the ECA asserts that “all such rights, powers, liabilities, obligations, and restrictions…… shall be recognized and available in law, and be enforced, allowed and followed accordingly.”
The current scenario is concerned with the failure to implement the Directive and this analysis will review whether Angela and Juliette can enforce the rights they would have had if the Directive had been implemented under the doctrine of direct effect, or alternatively, what their rights are against the state for damage suffered as a result of failure to implement the Directive.
Ultimately the Member States have discretion as to how to implement a directive, however, they must comply with the positive obligation to implement the directive in the first place4. Problems have arisen as to whether Directives themselves can be invoked by individuals in national courts as giving rise to individual rights5, further compounded by the question as to whether a Member State can be liable for damage resulting from its failure to implement a directive, which is pertinent to both Angela and Juliette’s position.
In order to be directly effective, a provision of EC law must constitute a complete legal obligation capable of enforcement as such by a court6. Moreover, in the case of Francovich v Italian Republic7, it was asserted that the pre-requisite for direct effect was that the relevant provision of EC law had to be sufficiently precise and unconditional.
Furthermore, in the case of Van Gend En Loos8, it was suggested that a direct effect only applied to negative obligations. However, this has subsequently been abandoned and extended to cover a wide range of EC law, in particular Treaty provisions9. With regard to directives, however, the controversy as to whether these are directly effective has continued to exercise EC judicial authorities in practice. .
