EU Water Framework Directive in the UK and the Challenges of Its Transposition - Case Study Example

Enforcing the WEE Directive within the uk Yoshida and Yoshida (2010, 21) points out that the member states within the European Union are responsible for enforcing the WEEE directive.... Moreover the WEEE directive covers automatic dispensers such as coffee dispensers within its regulations as illustrated by Townsend (2011, p.... EU REGULATORY DIRECTIVES Instructor Institution Date The Waste Electrical and Electronic Equipment (WEEE) directive The WEEE directive is a European Community requirement which regulates the disposal of electronic and electrical waste....

A year later, the commission publishes a report titled "Review of the Implementation and Enforcement of EC Law in the uk".... A year later, the commission publishes a report titled "Review of the Implementation and Enforcement of EC Law in the uk".... Another recommendation was the Deregulation Unit was required to work on guide by the end of 1993 on formulation and implementation of EC law in the uk.... (Hall, Smith and Tsukalis, 2001)Better Regulation Task Force has always urged the uk government on the need for a better and regulatory impact assessment since the problem of "gold plating" is still continuing....

If Directives are binding then it is possible that they will be relied upon in national courts, but clearly each case will turn on its own facts.... National law exempted retirement matters from its scope -- it did not impose retirement age at 60 - - only that women became eligible for pension at 60.... The present paper "The impact of Directive on uk Law" will discuss the accuracy of the Directive implementation process in the United Kingdom....

Ultimately 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 place6.... Problems have arisen 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 Christina's position....

According to the text, directives issued by EU need to be enforced by Member countries; there are seemingly no escapes, however, its modalities and modus operandi are subject matters to be decided by its National Courts and law makers.... Again, Article 226 of the EC Treaty lays down that a Member State has been unable to perform a directive as stipulated under this treaty, it shall forward its reasoning after giving the accountable State an opportunity to submit its opinions on such directives....

Such incorporation is satisfied if the transposition is done in a clear and precise manner.... For instance, if some rights are provided to an individual by a Directive, then subsequent to transposition, that individual should be able to initiate legal action in national courts, duly relying on those rights3.... The Member States have to transpose a directive into their domestic law.... The paper 'The European Commission's Fundamental Duty' presents the guardian of the EC Treaty which is to ensure the proper implementation of EC law, throughout the eu by the Member States....

tate liability arises in the circumstances of the 1st of January, 2009 EU Council directive in relation to funding fundamental regional cultural events.... Even in this situation, the preliminary reference procedure of directive implementation accounted for individual member laws, although it was necessary for transposition to be undertaken if individual member laws contradicted the provisions of the directive.... Failure to observe the time frame of implementation and theoretical transposition of the legal system without directive operationalization are the primary sources of state liability in this case....

hellip; EC Directives are a means by which the European Community seeks to harmonize domestic laws among its member States.... Vertical Direct Effect is applicable against the Member States and its agents in the event a directive is either improperly implemented by a Member State or not implemented within the timeframe provided for its implementation.... In fact in Van Duyn v Home Office, the European Court expounded upon its previous ruling in Van Gend en Loos v....