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European Constitutional Law: Assignment

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Added on  2021-02-19

European Constitutional Law: Assignment

   Added on 2021-02-19

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European Constitutional Law: Assignment_1
Table of ContentsINTRODUCTION...........................................................................................................................3MAIN BODY...................................................................................................................................3CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
European Constitutional Law: Assignment_2
Topic: Neither the development of the concept of the ‘emanation of the state’ nor theintroduction of the doctrine of indirect effect provides an appropriate and effective solutionwhen an individual wishes to invoke a directive against another individual.INTRODUCTIONIn the present report a discussion over the decision given under the case Marshall vSouthampton and South West Hampshire Area Health Authority (1986) is done where the courtof justice of EU was reduced which was considered to be a fundamental mistake whereemanation of the state and doctrine of indirect effort can not provide effective solution when aperson wishes to revoke a directive against another. With considering all this, factors arediscussed in detailed carried out in the resent report.MAIN BODYCase: Marshall v Southampton and South West Hampshire Area Health Authority (1986):It was a case where a conflict between a national legal system and law of EuropeanUnion was concerned. The facts of case was that Helen Marshall who was a senior dietitianclaimed that her dismissal on the grounds of bring old have violated the provisions of EqualTreatment Directive, 1976. She was an employee of government working under, (then) NationalHealth service Act, 1977, now Health Services Act, 19801. She was dismissed on the basis thatshe had attained age of retirement despite expressing her willingness to continue to work but wasdismissed by the European court of justice. The decision was given considering the fact thatThis case involved an application for a preliminary ruling. Once the ECJ had answeredthe question, their decision was remitted to the reconvened Court of Appeal (which in the interimhad adjourned this case). The Court of Appeal was then obliged to reach a decision in the light ofthe ECJ ruling. The ECJ, in a full court of 13 judges, held there was no horizontal direct effect.It does not matter what capacity a state is acting. Thus it fell to enquire whether the NHS shouldbe deemed an "independent legal person" or an "arm of the state"; and that was a matter for thenational court.The direct effect principle of the European Union law stated that the individuals areconferred with certain rights by the EU law which the court of the member nations are bound to1Johansson, J. and Lindström, L., 2017. Direct Effect of Directives: An Instrument forUniformity or the Cause of Incoherence?.3
European Constitutional Law: Assignment_3

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