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European Union Law Coursework - Essay Example
The European Community introduced an important Directive regarding environmental issues, which made it a criminal offence to allow the escape of some specified chemicals from their land if these chemicals resulted in harm to others. The maximum fine for this crime was fixed at 150,000 or its equivalent for each incident…
The latter had been storing several chemical substances, including some of the chemical substances that had been specified in the Directive. In March 2007 Simon was hospitalized for mercury poisoning after eating vegetables from his garden. Mercury had been specified in the Directive. Investigations revealed that this mercury had leaked into Simon's garden from the adjacent Otis Chemicals' warehouse.
Directives are the devices through which the European Council implements laws in the Member States of the European Union. Directives harmonise national laws with the European Union laws. The legal systems of the Member States are influenced significantly by the European Community, which governs the interests and rights of the Member States through its own organisations. There exists a unique and sovereign legal system that binds each Member State. This system was developed by means of the several Treaties, which created the EC legislation.
One of the main pillars of the EU is the European Court of Justice or the ECJ. The ECJ had interpreted the nature and effect of Treaties, which is known as the doctrine of direct effect. It is a concept which enables aggrieved individuals to seek redressal in national courts if a Member State fails to implement the provision of a directive. The ECJ developed the notion of direct effect. ...