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Essay sample - The impact of Directive on Uk Law
Pages 2 (502 words)
Where a Member State has failed to implement or has poorly implemented a Directive by the implementation date set in the Directive, an individual can commence an action in the national court or tribunal under the principle of direct effect. Once that deadline has passed the Court of Justice will encourage national courts to enforce the provisions of the Directive directly, even in the absence of its domestic legislative implementation…
Over the years this has included tax authorities, local or regional authorities, independent authorities responsible for public order and safety and public authorities providing public health services.
The decision in Case 41/74 Van Duyn v Home Office  ER 1337,  1 CMLR 1 was based on the findings in Case 26/62 NV Algemene Transportatioin Expeditie Onderneming van Gend en Loos v Nederlandse Administratie der Belastingen  ECR 1;  CMLR 105.
The van Gend en Loos case dealt with Treaties, where it was said that Treaty provisions can be immediately enforced in national courts by individual applicants if the provisions were clear, negative, unconditional, containing no reservation on the part of the Member State and not dependent on any national implementing measure.
Van Duyn made it clear that this was also true of Directives. 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.
Therefore since Z works for a Council this can be construed as an emanation ...
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