preview

The Issue Arising From The Monique 's Case Essay

Better Essays
Open Document
Introduction:
The issue arising from the Monique’s case is the direct applicability of the Treaty Articles and the direct or indirect effect of Directives, provided by the European Union.
Monique may be able to rely on both Article 18 and 45 of TFEU which concerns any kind of discrimination against EU citizens. The Council Directive 14/08 will be examined whether it is direct or indirect applicable, or if it can be applicable under the principle of state liability. In the case where one of the above can be established, Monique will be able to seek compensations against either Conker Plc or the United Kingdom’s State for non-implementation of the directive.

Treaty Articles – Direct Effect:
In 1974, when the European Council was created, all countries decided that treaties will be agreed together and they cannot be enforceable if they are not approved democratically from all Member States. Treaties are at the top of the European Union’s hierarchy and they are primary legislations which give rights to Member states and European citizens but also create obligations to the European States to implement the “new law” into their own domestic law. Also, Treaties sets the European Union’s constitutional basis and, as stated in the case of Costa, they cannot be overridden by any national law.

Articles 3,4 and 6 of the TFEU provides the areas where European Union have exclusive competences, shared and supporting competences respectively and the Union shall act only within the
Get Access
Related
Get Access