International Union And The European Parliament Adopted Directive 2012 / 507

3207 Words13 Pages
“A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to decide how. This was the case with the working time directive, which stipulates that too much overtime work is illegal.” http://europa.eu/eu-law/decision-making/legal-acts/index_en.htm In Rochelle’s case the European Union and the European Parliament adopted Directive 2012/507 (The Off-Premises Sales Contract Directive), Rochelle may seek to rely on Article 3 (subsection 1) of Directive 2012/507 that ‘member states shall ensure that customers have a period of 14 days to withdraw from an off-premise sales contract and return unused purchased goods. Such consumers have a right to a full refund of…show more content…
Direct applicability is the ‘capacity of E.U. law to immediately form part of national law of Member States without a need for any further implementation’. Directives do not automatically form a part of English law, and therefore Rochelle needs to rely on the doctrine of direct effect if she is to succeed with this Directive. Direct effect applies in principle, to all binding EU law. Broadly the doctrine is ‘provisions of binding EU law which are sufficiently clear, precise, and unconditional to be justiciable can be invoked and relied on by individuals, before national courts’, however such definitions are disputed. (Page 180 – 181 EU LAW text cases and materials 5th edition – Paul Craig) Van Gend Loos established the doctrine of direct effect; this case involved two conflicting laws between a Dutch customs law (national law) and Article 30 of the TFEU. The Government argued that Article 30 conferred rights and obligations between states, and were not enforceable at the suit of individuals i.e. the company Van Gend en Loos. In addition it was claimed that the treaty provided enforcement procedures under Articles 258 and 259 of the TFEU. In Advocate General Romer’s opinion, Art.30 TFEU was ‘too complex to be enforced by national courts’. Notwithstanding this, the article was held directly effective by the Court of Justice, it was stated that EU law ‘imposes obligations upon individuals, but also confers on them legal rights’. The courts saw the doctrine of

More about International Union And The European Parliament Adopted Directive 2012 / 507

Open Document