State Liability and Direct Effect Essay Example | Topics and Well Written Essays - 1000 words

estate Liability and pack belief - Essay ExampleThe implementation of law of state liability is the responsibility of national courts of EU states1.Certain incidents in EU states led to the development of the doctrine of state liability. In 1991, the Italian authorities was held responsible for not completely enforcing the acquitive 80/987, which ensured a minimum wage of all employees when employers suffered from insolvency. The European Court of Justice made Italian government pay compensations for all workers who suffered as a resolving of its non-implementation of the law. It was modified in 1996 after the cases of Brasserie du Pcheur v Federal Republic of Germany and R v Secretary of State for Transport ex parte Factortame Ltd (Cases C-46 and C-48/93) took place. The law was further clarified and the details were given. The law of State liablity could only be intentd in three conditions when the law which was under scrutiny was meant to deliver soulfulnessss rights, when the law has caused serious insurance and when a clear link would be established between the state s breach and the damages caused.2Direct Effect is one of the ways through which the citizens of EU countries can file cases of non-implementation against the state. ... There are two types of need effect vertical direct effect and horizontal direct effect. In case of the former, the individual can file a case against the state, while in the case of the latter the inidividual can use it against another individual or any non-State entity. Further, in order to use Direct Effect , the peculiar(a) European partnership law must be either a Directive ,or accord hold or a Regulation and it must claim to confer individual laws.3The working of Direct Effect is different in case of Treaty Articles, Directives and Regulations and the distinctions between them needs to be understood.In case of Treaty Article, it can be used both vertically and horizontally, i.e. it can be used against the St ate as well as a non-State entity. in case of Regulations, direct effect is only viable if its confers rights on persons and if the Van Gend criteria is satisified. It can be applied both , horizontally and vertically. However, not all regulations of European Community law have a Direct Effect, for instance laws dealing with crime and criminals such as Tachograph cause Regulation, which dont confer rights upon an individual dont have Direct Effect. It is directly applicable but not directly effective.4For direct effect to be applicable for directives, certain criteria needs to be satisifed. First the preps of directives in heading should be precise, clear and unconditional as stated in Van Duyn case. The court stated thatprovision which lays down an obligation which is not subject to any exception or condition and which, by its rattling nature, does not require the intervention of any act on the part either of the institutions of the Community or of Member