The Role Of The Direct Effect And State Liability

Decent Essays
The given scenario involves a women name Suvi, a Finnish national who wants to work in UK as a self-employer offering her services as a Zoo technologist to the zoos in UK. In order to achieve that she must be registered with National Authority of Zoo The problem with her situation is the that her application for registration has been rejected based on two reasons, (1) she must obtain a qualification in respective field from UK in line with 2014 UK Act and (2) she must obtain insurance in accordance with EU Directive 2010/5.
The main issue for Suvi to concern with is the enforcement of EU law and the application of the Direct effect and possible following of Indirect effect and State Liability. The Direct Effect is a term given to judicial
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And to do that she must full fill the criteria of Van Gend en Loos [5] i.e (1) Be clear and precise (2) Be unconditional and (3) Not dependent on further actions by EU institutions or by Member state .[6]
For Suvi’s first reason of rejection of application of registration with NAZ, Under the Regulation EU 12/2012 of the EUROPEAN PARLIAMENT AND COUNCIL on the right of free of movement for zoo technologisist 1 APRIL 2012. ART 1, ART 3 and ART 7 satisfies the Van Gen en loos test’s first and second condition because ART 1 and ART 3 of the regulation Gives right’s to Suvi to work in UK to as a self-employed zoo technologist .she is a Finnish national, EU MS citizen, thus she can work in any other MS and she is entitled to be registered with National Authority of Zoos (NAZ) the regulation should have been applied by UK by December 2012 and by the facts given it it indicates that UK government did not do the transposition properly therefore it will be safe to say that the time of transpose has passed thus satisfying second condition and EU regulation can be enforced like the case of Pubblico Ministero v Rotti 148/78 [7] principle where the date of implementation has passed and the directive have not been implemented or implemented properly.
Even though the EU Regulation, under ART 288,EU law is directly applicable in host country, these three Articles full fill the first two conditions of the criteria i.e. Be clear and precise, Be unconditional. The third condition
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