Direct Effect, State Liability, Indirect Effect

This article discusses the concepts of direct effect, state liability, and indirect effect in EU law. It explores a case study on discrimination in university admissions based on nationality. The article also highlights the rights of citizens and the obligations of member states under EU law.

DIRECT EFFECT, STATE
LIABILITY, INDIRECT
EFFECT

Table of Contents
INTRODUCTION...........................................................................................................................................3
Dual citizenship.......................................................................................................................................3
Direct effect- (Sofia)................................................................................................................................5
Advise Sofia of the directive and rights if any?.......................................................................................9
CONCLUSION.............................................................................................................................................10
REFERENCES................................................................................................................................................1

INTRODUCTION
The doctrine of indirect law requires national courts as organs of member state that is
responsible to execute the EU obligations and this understand the domestic law continually with
directives. On the other hand, the indirect effect can be defined as the organism, mediated or
transmissible by the third party. Additionally, state liability termed out as the legal liability of the
state.
The present case study will reflect the concern about the phenomena of direct effect,
indirect effect and state liability. Henceforth, this study will include the ability to use the
doctrines unique to EU law. In addition to this, assignment will undertake the analysis and
evaluation on to define the impact of fundamental principle of EU law under the national legal
system.
Dual citizenship
As per the law of UK, people can live in UK with having dual citizenship or it can be said that
dual citizenship is allowed in the UK (Dual Citizenship, 2019). It is also stated that this law of dual
citizenship will not be changed for EU citizens who are currently living in the UK until 30 June 2021. As
per the law it is also stated that if an individual is from EU, EEA and Swiss citizen as like Anna then she
and her family can apply to EU settlement schemes and other benefits.
Indirect effect: Indirect effect arises from the failure of a member state to implement a directive—either
correctly or at all—but where direct effect cannot apply because the party against whom the directive is
sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the
directive direct effect.
As per the right to education law of UK, children from non EEA countries who have dual
citizenship and living in the UK for more than 5 years they have right to take education in England on the
basis which they attend an independent, private and fee paying university. As per the consistent
interpretation Universities and schools cannot deny who come in this category (1Christopoulos, 2020). So,
as per this law of England, Anna can take admission and apply for higher education in the UK if she has
dual citizenship. No one can deny her to take admission or pay more then local students and those
1
Christopoulos, D., 2020. Exceptional agency: Political brokerage in EU lobbying. Journal
of European Public Policy.

students who have citizenship of the UK. It is stated that Anna feels discriminated on the basis of her dual
citizenship.
As per the article 14: right to education: As per the European convention on the human rights,
EU universities can not deny students who have dual citizenship. Students or Anna who has citizenship of
UK and Geek, she can enrol for higher education and cannot be refused by universities to have access to
training as well as education in England (Admission and Entry to University, 2019). Some rules of
European are quite different than other countries or German rules. It is stated that UK cannot restrict
people who have willingness and wish to come to their country after being taken in by Greece. So, as per
the right of education and law of EU it can be said that Anna can take admission and enroll in higher
education in the UK. She has right as per the EU law to brink an action against High Garden University.
It has been analyzed that Anna’s application to get enroll in High garden college was rejected on
the basis of nationality. College claim that British nationals were not allowed to study in their University.
From the case study it was analyzed that Anna was of both nationalities that is Greek and British as her
parents got separated.
According to right to education No person shall be denied the right to education. In the lieu of
any task that it assumes in context of education and to teaching, the State shall respect the right of parents
to ensure such education and teaching in conformity with their own religious and philosophical
convictions. So it is clearly stated that Anna’s application rejected on the basis of nationality is wrong. If
such incidences took place by Universities, then students or their parents can put claim on university for
this wrongful deed.
Education is the most important human right; no child can be denied of this. It is their
fundamental right. If any university is engaged in breaking the law, then suite can be filed against them.
This can hinder reputation of college (2Arrowsmith, 2018). It can also happen that it reduces number of
enrollment of students taking admission in University. If students are not given education which means
that Universities are violating laws that is being given feedback.
According to law, individuals can have dual citizenship, there will be no change in rules and
regulations have UK citizenship and living in UK till 30 December, 2021. So Anna has full right to get
admission in which ever university she liked. Students can apply for citizenship of other country by
keeping British Citizenship with them. In this criminal case can also be filed against university, if they do
2 Arrowsmith, S., 2018. The law of public and utilities procurement: regulation in the EU
and UK. Vol. 2. Sweet and Maxwell.

not provide education to student because of their nationality. It means they are violating laws, rules and
regulations that is being implemented by them.
Anna can file a suit against university as they have rejected her application based on citizenship.
In this she can also claim for remedy. College authority for this can also be imprisoned and may be fine
up to £1,000. Number of other cases can also be filed against University for such offense as right to
education is fundamental right of every student
Direct effect- (Sofia)
This is termed out as the relationship between the citizen of members state and European
Union. In the present case scenario, Sofia holds only one citizenship as Greek. She only moved
to the UK in the Autumn 2018 for purpose of study hence she has only one nationality. In order
to undertake the planning to get enrolled in higher education. Sofia lodged their respective
application in the university of Winterfell, it is private university that located within North East
of England that offers effective courses to the students who wish to develop the career in
accountancy. After some time, Sofia receives the letter that her application has been accepted but
she has to pay the whole university fees of the three years in the advance. She has suffered from
the direct effect as she was bound to pay the three years of fees in advance.
In the present scenario, Sofia has suffered from direct effect as vertical effect that has been
defined under Van Gend En Loos. In this, it is clearly mentioned that actions against the State
Citizen v State. Therefore, the measures of EU law creates the obligation on state to ensure about
the rights that must be given to citizen correctly. In the Van Gend En Loos, this has been clearly
mentioned that for undertaking the direct effect the three condition must be fulfilled as-:
 Provision must be sufficiently clear and precise.
 The given provisions needs to be unconditional and non dependent.
 There must be an identifiable right that has granted by the treaty.
Case- Sofia lodged her application to Winterfell university to undertake the course of
Accountancy. Thus, her application hot accepted but she asked to deposite three years of fees in
advance in first year only. This was the direct discrimionation.

Argument- It has imposed on her on the part of direct discrmination and this has direct effect. In
this way, she has right to sue as she felt that no unreasonable disparate treatment existing or
perspective student is allowed within the university management.
Held- The decision is binding within the entire form on the party to whom it is addressed.
Therefore, this is addressed to the parties in breach of Europeon obligations. Thus, University
Winterfeel is responsible for this act as they do not make any kind of discrimination.
The scenario with Sofia states that Sofia didn't get the admission in Winterfell university
firstly due to Greek nationality and because university was charging the advance fees of around
three years collectively. According to the Article 29 and Article 28 of the right to education act,
Sofia has the legal right to sue university for making discrimination as well as forcing her to pay
the fees of three years collectively (3Dupont, 2019).
State liability
The directive no 2017/88 on the right to education states that no university of the
educational institution and discriminate the candidates on the basis of nationality, sex, age, caste.
It is illegal offense to consider these factors while providing admission in the university or
college. Besides this, the directive also addresses that no university can force the students or
candidates to pay the additional money just on the basis of their nationality. Besides this, the
elementary education act of 1870 in UK states that each and every child have the right to get
education and cannot be discriminated on the grounds of their social status, race, caste, age ,
nationality, sex etc.
As in this case, Sofia is upset and also frustrated as the university did not give her
admission because she belongs to then Greek nationality. This is purely the discrimination
where due to having EU nationality she will have to pay fees of three years in advance (4Hudson
and Murray, 2018). On contrast to this, Children having British national can pay the fees on
yearly basis. The National Education league in UK under the Education act, 1879 claims to
provide the compulsory education to all the children where no children would be discriminated
3 Dupont, P.L., 2019. The right to education for disabled persons and religious minorities:
UK report. ETHOS WP. 3.
4 Hudson, B. and Murray, R., 2018. Guiding Principles on Sanctuary Scholars in UK
Higher Education.

and differentiated on the basis of their nationality in terms of the fees. Thus, this shows that
University of Winterfell clearly discriminating Sofia and is compelling her to pay the fees of
three years in advance. In accordance to Right to education, Sofia has the full right to sue the
management of this university and this law allows her to file a case against the university in
court. European court of the justice has developed the general principle of the state responsibility
for the non-compliance with the EU law. The state liability basically stresses that the member
states of EU are concerned with implementing and enforcing EU laws. Thus, as per the state
liability of EU, University cannot prevent Sofia from taking admission on grounds of her
nationality. Sofia has the fundamental right to take this university to the court and file the case of
discrimination ad differentiation on the management. Besides this, as discriminating is
punishable offense thus Sofia can take administrative actions on the university violating the act.
In addition to this, Sofia can also file the case of mental harassment on University as this could
result in the mental disturbance of Sofia. In addition to the case of mental harassment, the article
19 of the convention provides her the fundamental right to report for mental abuse and assault in
the court. In view of this, the university and its management might encounter imprisonment of
around 7 years or the court might cease their university or both. Thus, in this case Sofia has been
discriminated on the basis of nationality thus the law of UK provides her basic right to report
against the university and take legal actions (5Wright, 2019).
Each individual has right to education no matter from where they belongs. Thus, no person can
be denied to right to education. Thus, right to education is the basic human right. To provide the
effective educational rights to each individuals within the UK, The National Curriculum of
England has been designed to meet the requirements of all the students, to stretch brighter
children by advancing their education and to support those who need it through differentiated
teaching and learning activities.
As per the doctrine of the direct effect stated this is the doctrine that enforce their rights
under the EU law directly and this is opposed to member states that have the ability to do so. For
5 Wright, R., 2019. Human Rights in a Post‐Brexit UK. The Political Quarterly.90(3).
pp.350-355.

a directive to have direct effect, there is a further requirement that the time limit for
implementation by the member states has expired.
Thus, UK law defines that every one has the right to freedom of expression. This defined
as an each individual has the right to express lawful views and opinions freely in the form of
speech or writing. It has been written in the European court of the human rights about the right to
freedom of expression and this is one of the essential foundation of democratic society (6Harry,
2020). It is the right that provides each individual the right to exchange the information, debate,
ideas etc. Therefore, respectful debate and conversation assist to challenge the discrimination and
get rid of the intolerance and any harmful impact of the educational provides will not be
entertain. It is the right that also applicable to the higher education and number of the traditional
universities are bound to follow the laws and legislation. The right to freedom of expression is
mainly made up for sharing the ideas freely as this crucial to enhance learning.
In the Human rights act 1998, the all public bodies needs to comply with the right that are
framed out within he European convention on the human rights. It is inclusive of the Article 10
that protects the right to hold the opinions and express then freely without any interference from
the public bodies. This is the article that protects the individual from getting discriminated
(7Simmons, 2020).
In the given case scenario, the Sofia was facing the indirect discrimination as she has to
pay the fees for higher education for three year in advance (8Vaccari, Smets and Heath, 2020). In
addition to this, indirect discrimination can arise at the time when policy applied to each
individual but this has discriminated any particular person due to certain characteristics. In the
given case, Sofia is upset and also frustrated as there are number of the universities that did not
give her admission and the only the reason was that she belongs to Greek nationality. It has been
reflected the purely discrimination where due to having EU nationality she will have to pay fees
of three years in advance.
6 Harry, B., 2020. Historical and Cultural Influences on Education Policy and Disability
Services. In Childhood Disability, Advocacy, and Inclusion in the Caribbean (pp. 1-22).
Palgrave Macmillan, Cham.
7 Simmons, B., 2020. Enacting the international vision of inclusive education: a UK-PMLD
case study.
8 Vaccari, C., Smets, K. and Heath, O., 2020. The United Kingdom 2017 election:
polarisation in a split issue space. West European Politics, 43(3), pp.587-609.

Therefore, the universities and colleges are needed to be comply with the discrimination
legislations and number of the acts that has been specified provision needs to be set in the
universities. In addition to this, it also has been noted that the discrimination in the education
defined as the act of discriminating against the individual belonging to the certain categories in
terms to enjoy the full right of the education (9Erickson, Hanna and Walker, 2020). It is the kind
of the act needs to be considered as violation of the enunciated of the human rights. This is
highly recommended that discrimination on any ground is defined as the unequal treatment to an
individual on the grounds of one or more and the protected characteristic needs to be included in
the Equality act 2010. The right to education within the UK is provided under the schedule 1,
first protocol within the article 2 of the human rights act of 1998. This is act that has clearly
stated that no person will be denied from right to education.
Advise Sofia of the directive and rights if any?
In the given case the Sofia has right to lodge the complaint against the university in
which she wants to undertake accountancy course. She can file the complaint as per the provision
of EU law to bring the action in front of UK court or tribunal. She also has right to pay the
university fees yearly rather than paying in advance for three years. Therefore, the university is
responsible for this kind of the act and they can impose fine and imprisonment for this
misconduct.
Legal education system within UK-:
Legal education system of the country is totally dependent upon the legal system it
follows and this inclusive of national policies in relation to higher education and requirements as
per the legal professionals (10Vaccari, Smets and Heath, 2020). In the UK, there are mainly three
septate legal jurisdiction such as are UK, Wales and Scotland etc. Therefore, all of the three laws
are mainly based on the common law system within the United Kingdom. In addition to this,
there is strong European relationship within the UK legal educational system. As per the
legislation of the UK, this is crucial to treat the each individual equally and all are responsible to
9 Erickson, M., Hanna, P. and Walker, C., 2020. The UK higher education senior
management survey: a statactivist response to managerialist governance. Studies in Higher
Education, pp.1-18.
10 Vaccari, C., Smets, K. and Heath, O., 2020. The United Kingdom 2017 election:
polarisation in a split issue space. West European Politics, 43(3), pp.587-609.

undertake the education and that also on free from biases. This is crucial that the quality of the
legal education within the United Kingdom plays the vital role and this must be maintained by
the general scheme of quality assurance.
The EU law has been stated that education discrimination is mainly based on the terms as
ethnicity, nationality, age and gender, economic conditions etc. Each individual needs to be free
on the basis of direct and indirect discrimination (11Simon, and Ward, 2020). Therefore, the
equality act needs to apply to all the universities so that each individual needs to be free from
discrimination. Henceforth, this can be stated that article 26 of universal declaration of Human
rights that protects the individuals from biases. This is the right that also has been stated that
individual has right to be free at least at the level in the elementary and fundamental stages.
Thus, the right to education is defined as the legal law that must be free from ground of
discrimination (12Igbinakhase and Naidoo, 2020). The one of the prime object of this act stated
that provision is to guarantee the right of access must be existing in relate with the all
educational facilitates.
The article 14 i.e. right to education includes followings are-:
 Each individual within the universities has right to undertake education and they also
have reasonable access to vocational and continuing training.
 It is the right that has also mentioned about the possibility to gain the free compulsory
education.
 The each individual who wants to gain the education has freedom to found the
educational establishment with respecting the democratic principles (13Harry, 2020
Simmons, 2020).
11 Simmons, B., 2020. Enacting the international vision of inclusive education: a UK-PMLD
case study.
12 Igbinakhase, I. and Naidoo, V., 2020. Higher Education Quality Improvement Strategies
Through Enriched Teaching and Learning. In Quality Management Principles and Policies
in Higher Education (pp. 246-262). IGI Global.
13 Harry, B., 2020. Historical and Cultural Influences on Education Policy and Disability
Services. In Childhood Disability, Advocacy, and Inclusion in the Caribbean (pp. 1-22).
Palgrave Macmillan, Cham.

 This act also states the right to parents to ensure about the education and teaching to the
children so that they can study in the conformity with their spiritual, pedagogic and
philosophical views.
CONCLUSION
Hereby, it can be summarized that direct impacts as the result of any action at the time
and location. On the other hand, the indirect impact can be seen as fairly predictable and happen
due to any action and that occur later in time that take away from action location.
Furthermore, report is based on case study as to undertake the concern in relation to
phenomena of direct effect, indirect effect and state liability. Henceforth, study will focus on
activities as to demonstrating the knowledge and wide range of principles of EU. In addition to
this, assignment has covered factual, legal information.

REFERENCES
Books and journals
Arrowsmith, S., 2018. The law of public and utilities procurement: regulation in the EU and
UK. Vol. 2. Sweet and Maxwell.
Christopoulos, D., 2020. Exceptional agency: Political brokerage in EU lobbying. Journal of
European Public Policy.
Dupont, P.L., 2019. The right to education for disabled persons and religious minorities: UK
report. ETHOS WP. 3.
Hudson, B. and Murray, R., 2018. Guiding Principles on Sanctuary Scholars in UK Higher
Education.
Wright, R., 2019. Human Rights in a Post‐Brexit UK. The Political Quarterly.90(3). pp.350-
355.
Harry, B., 2020. Historical and Cultural Influences on Education Policy and Disability Services.
In Childhood Disability, Advocacy, and Inclusion in the Caribbean (pp. 1-22). Palgrave
Macmillan, Cham.
Simmons, B., 2020. Enacting the international vision of inclusive education: a UK-PMLD case
study.
Erickson, M., Hanna, P. and Walker, C., 2020. The UK higher education senior management
survey: a statactivist response to managerialist governance. Studies in Higher Education,
pp.1-18.
Vaccari, C., Smets, K. and Heath, O., 2020. The United Kingdom 2017 election: polarisation in a
split issue space. West European Politics, 43(3), pp.587-609.
Simon, C.A. and Ward, S. eds., 2020. A Student's Guide to Education Studies: A Student's Guide.
Routledge.
Igbinakhase, I. and Naidoo, V., 2020. Higher Education Quality Improvement Strategies
Through Enriched Teaching and Learning. In Quality Management Principles and Policies
in Higher Education (pp. 246-262). IGI Global.
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