European union Law Essay Example | Topics and Well Written Essays - 1000 words

European union Law - Essay Example The conditions that were laid down were that the provision must be clear and precise; it must be unconditional; and its operations must not be dependent upon further action by national or EC authorities. The query as to whether a Directive could have direct effect was found to be contentious. Directives are intended to be implemented and brought into effect by national legislation within a stipulated period of time. ‘A Directive is to be binding, as to the result to be achieved, upon each Member State to which it is addressed†¦Ã¢â‚¬â„¢2 On a literal interpretation the power is conferred on the Member State so as to implement the measure. Thus the idea had been that the condition of further implementing measure could not be satisfied so no direct effect. However, in, the courts3 found that an individual could rely on a directive which had not been implemented in national law. Further development occurred by relating the doctrine of estoppels and stating that a State could n ot rely on its own fault to frustrate the rights that had been conferred upon individuals under the Directive. Thus if Member State due to its fault, fails to implement the Directive in national law or has done so inaccurately, the individual can claim against the state the rights that have been provided, had the Directive been (correctly) implemented4. Thus allowing vertical effect is appropriate because the fault can be attributed to the Member State for its failure and not of any other individual.5. This rule had been criticized for inequality, as an action could only be brought against the state.6However, it is important that the time limit for implementation must expire, because before that the Member State is not in breach of any obligation.7 In respect of the facts at hand the Directive has been incorrectly implemented, however, the problem lies in the fact that the timeline for the Directive to be implemented has not passed and therefore dependency is still there and the con ditions for direct effect would not be satisfied and an action against Age Aged Ltd cannot be brought about by Per by way of direct effect. The doctrine of indirect effect was laid down so as to allow parties to claim if they could not rely on direct effect8. The doctrine places an obligation on national courts to interpret national legislation ‘in the light of wording and purpose’ of Community law that is the duty of harmonious interpretation. The principal is to apply to national legislation regardless of whether it is passed before or after the EC legislation9. Indirect effect applies to vertical as well as horizontal actions. The limits that have been placed are that there must be national legislation; the doctrine applies subject to general principles of law, e.g. legal certainty and non-retroactivity10; and the exception of criminal liability11, however, this does not apply in respect of claims for civil liability on individuals12. In respect of the current situat ion it is important to point out that there is national legislation which has incorrectly implemented the directive and therefore Per can claim that the national courts are duty bound to implement it so as to give effect to the limitation on exclusion clauses in business contracts and therefore claim against Age