Law Assignment - Legal Problem Solving

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Added on 2020-05-11

Law Assignment - Legal Problem Solving

Added on 2020-05-11

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Running head: LEGAL PROBLEM SOLVINGLegal Problem SolvingName of the studentName of the universityAuthor note

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1LEGAL PROBLEM SOLVINGCase study 11.The vertical direct effect is related to the relationship between national laws and EU laws,particularly the obligation of the state to ensure its compatibility and observance of EU laws. Theeffect enables the citizens to put their reliance on the EU laws while they initiate any actionagainst any public body or state. In the case of Foster v. British Gas plc (Case C-188/89) [1990](ECR I-3313) the court defined Vertical effect as "emanation of the state". A horizontal direct effect is related to the relationship between individuals which also includesincorporated companies. If a particular provision in relation to a EU law is Horizontally directlyeffective, the individuals would be able to put their reliance on such laws in actions which havebeen brought against each other. Usually directives do not have the capacity of beingHorizontally directly effective. However certain sections of legislations and regulations can beenforced directly horizontally. 2.Indirect horizontal effect According the principles of indirect horizontal effect of EU law, the national courts operating forthe Member States of the EU have to give meaning to their national law in the light of theprovisions provided by the EU law. There is a difference between the principles of direct andindirect effect of EU laws according to which EU laws can be revoked in certain situations. Theindirect effects result out of the situation when the member state imposes a directive and wheresuch directive is not applicable as the par against whom the directive is imposed fails to meet

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2LEGAL PROBLEM SOLVINGcriteria for direct effect or is a private entity. In the case of Von Colson and Kamann v LandNordrhein-Westfalen Case 14/83 [1984] ECR 1891 it is the duty of courts to give meanings toprovisions in accordance to the directives "in so far as it is given discretion to do so undernational law". 3. In the given situation both Varden and Nadir have the right rely upon the use of explosivedirectives which have been passed by the EU. This is because according to the principles ofvertical and horizontal direct effect it is the right of any individual to rely on a directive whichhave been passed by the EU in relation to a claim with the government and any other personwhich may also be a company respectively. In the given situation the directives states that anyperson who is below the age of 25 cannot work with explosives unless under direct supervisions.In the case Nadir is the employee of the state as he is working for defense so he can rely ondirect vertical effect whereas Varden who is working for a private company can rely on theprovisions of direct horizontal effect. 4.In the given situation both Varden and Nadir have the right rely upon the Training Regulations2014 which have been passed by the UK government. According the principles of indirecthorizontal effect of EU law, the national courts operating for the Member States of the EU haveto give meaning to their national law in the light of the provisions provided by the EU law.Therefore in the given situation the government has passed laws which are a little different fromthe directors of the EU. Thus according to the principles of indirect horizontal effect theregulations have to be interpreted in accordance to the provisions of the directives. Nadir and

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