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State Liability and Direct Effect - Essay Example
Author : charlie27
Pages 4 (1004 words)
In the European Union, high importance and value has been placed on the enforcement of European Union laws. In order to ensure proper implementation of laws and to guarantee complete rights to all EU citizens, a number of protective laws have been developed.
The 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 government was held responsible for not completely enforcing the Directive 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 result 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 used in three conditions :when the law which was under scrutiny was meant to deliver individuals's rights, when the law has caused serious damages and when a clear link would be established between the state 's breach and the damages caused.2
Direct Effect is one of the ways through which the citizens of EU countries can file cases of non-implementation against the state. ...