EU LAW Essay Example | Topics and Well Written Essays - 2500 words - 2

EU LAW - Essay ExampleAs such, Lord Denning stated that EC law was directly applicable at field level under domestic law.However, the term directly applicable has created ambiguity and the principles of direct effect and indirect effect will determine whether the Council Directive relating to the practiced of consumers to full contract price refunds (the Directive) is directly applicable under UK law4. 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 recognised and available in law, and be enforced, allowed and followed accordingly.The current scenario is concerned with the failure to fulfil the Directive and this analysis will review whether Christina can enforce the rights she would clear had if the Directive had been accomplished under the doctrine of direct effect or alternatively, what her rights are against the state for damage suffered as a result of failure to implement the Directive.The specific nature of directives lies in the type of obligations they impose5. Ultimately Member States have discretion as to how to implement a directive, however they must comply with the ordained obligation to implement the directive in the first place6. Problems have a swot upn as to whether Directives themselves can be invoked by individuals in national courts as giving rise to individual rights7, 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 Christinas position.In order to be directly effective, a provision of EC law must constitute a polish off legal obligation capable of enforcement as such by a court8. Moreover, in the case of Francovich v Italian Republic9, it was asserted that the pre-requisite for direct effect