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Write 10 page essay on the topic LL2012C/N Constitutional Law of the EU.nder the Treaty of Rome, the UK enacted the European Communities Act 1972 which fortifies the UK’s obligations to observe EU l
Write 10 page essay on the topic LL2012C/N Constitutional Law of the EU.
nder the Treaty of Rome, the UK enacted the European Communities Act 1972 which fortifies the UK’s obligations to observe EU law.3 By virtue of Section 2 of the 1972 Adil’s is assured of a statutory right to the application of the Directive regarding pensions for employees of insolvent companies. Section 2 provides that:
“…all such rights, powers, liabilities, obligations and restrictions…created by or arising under the Treaties…shall be recognized and available in law, and shall be enforced, allowed and followed accordingly.”4
The difficulty for Adil with respect to enforcing the Directive against the company is that the UK has failed to enact it. To this end, the Directive, while it is EU law, it is not law as between private citizens since citizens are not expected to know the law.5 In other words an unimplemented directive does not have horizontal effect6 and Section 2 of the European Communities Act 1972 will have no consequences. Had the Directive been enacted the situation would be quite different and Adil would have been able to enforce his rights to receive the pension under the auspices of Section 2 of the 1972 Act.
Adil’s right to pursue the UK commences with Article 249 (formerly Article 189) of the Treaty of Rome, 1957 which provides that directives are binding on “each state to which it is addressed.”7 While the UK may determine for itself how it wishes to implement the Directive, it has no discretion as to whether or not to implement the Directive.8 The fact that the UK has some reservations about the utility of the Directive and seems to want further clarification is not a matter of concern for Adil. The UK’s concerns are between the UK and the EU and may result in infringement proceedings against the UK under Article 226 of the Treaty of Rome.9 In the meantime Adil is entitled to rely on the doctrine of direct effect since the Commission has already instructed that despite the concerns raised all Member States are
