advance directive essay

remedies for losses suffered, and consequently whether there is a need for Directives to generate horizontal direct effect. Directives are a form of secondary legislation contained in Article 288 TFEU. Directives are legally binding only to the Member States of the EU on the outcome wished to be achieved. The way in which said outcome is achieved is left entirely to the discretion of the Member States. When examining Directives, we need to consider the case of Van Gen den Loos v Nederlandse Administratie

she believes to be rightfully owed, due to work related injuries caused at their place of employment, at the University of Northern Ireland, when a box of exam papers fell on top of the claimant. • Directive 444 cites that individuals ‘must’ be compensated, as a long term employee, which the Directive defines as working more than 4 years with the current employer, for any and all reasonable injury related medical expenses for at least one year following the date of their injury. This provision would

place of any domestic law. This means that domestic law should be done in the same way with European law. Most EU law is also introduced into UK law via statutes. European Union directive can be interpreted into domestic law as it is less specific and most European Union influence on UK employment law has been through directives. The sources of employment law are: • Legislation • European law • Codes of practice & regulations. The main source of employment law is statutes: • Acts of Parliament =

crystal-clear; Directives are addressed to Member States and would have to first be transposed into national law within the given deadline. However, where the Directive in question can fulfil the conditions in Van Gend and have expired , they may have a direct effect. Nevertheless, this direct effect is restricted only to that of a horizontal nature. Marshall disallows individuals from enforcing a Directive against a private body. Concerns were raised when there was a call to allow Directives to be horizontally

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

the government of Italy for failing to implement the Directive 80/987, that required the protection of employees in the event of their employer’s insolvency. Francovich and other applicants were owed wages by their employers who became bankrupt. Since they could not sue their employers (because that would involve horizontal effect which is not possible with a Directive) they sued the Government of Italy which had failed to apply the Directive that aimed to create institutions for compensating employees

effect of directives arguably lacks consistency in regards to the application of the general principle. The principle of direct effect was established in Van Gend en Loos v. Nederlandse Administratie der Belastingen. Although there is no set definition of direct effect, a broader definition was provided in Van Gend en Loos that it “can be expressed as the capacity of a provision of EU law to be invoked before a national court.” However, Van Dyun v. Home Office established that directives are capable

Full name: NUID number: Husky e-mail: Start term in the program: The number of credits completed prior to the Spring 2014 term (this includes Winter 2014 course): GPA (as of the start of the Summer 2014 term): Essay: 1. What is a key regulatory challenge in your home country? The key regulatory challenge for the Pharmaceutical sector (for Marketing Authorisation holders and Sponsors of clinical trials) in European Union is the new European Union Pharmacovigilance

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

Aircraft continuing airworthiness record system At the completion of any maintenance, the certificate of release to service required by point M.A.801 or point 145.A.50 shall be entered in the aircraft continuing airworthiness records. Each entry shall be made as soon as practicable but in no case more than 30 days after the day of the maintenance action. The aircraft continuing airworthiness records shall consist of: • an aircraft logbook, engine logbook(s) or engine module log cards