EU Law Assignment: Effects of EU Law and Pesticide Restrictions

This assignment analyzes the impact of European Union (EU) law on national legal systems, focusing on the direct, indirect, and effectiveness principles of EU directives. The first part examines a case where a pregnant woman was denied lift access in a German train station due to a mobility impairment directive, discussing the potential legal outcomes under EU law. The second part explores the complexities of EU law, particularly regarding the precedence of EU law over national laws, and how national courts are expected to apply EU law. The third part discusses a scenario where France restricts the pesticide Permethrin, legally sold in other EU member states, and examines whether EU law can challenge this restriction, and how the EU legal system functions in regards to national laws. The assignment covers the legal implications of EU law and its effects on the member states. The assignment provides an in-depth analysis of EU legal principles, directives, and their impact on national laws, including case studies and legal outcomes.

Running head: EUROPEAN LAW
EUROPEAN LAW
Name of Student
Name of University
Author Note

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Question 1
Introduction
In the given scenario it can be observed that a new directive has been passed under the
provisions of the European Union which makes every Member State to be taking any
measure that they consider to be appropriate for ensuring that every transport facility in the
State has amenities that are appropriate for the individuals having mobility impairment. The
implementation of the Directive had been required by the Member States to be done within
the month of June 2019. It can be observed in the given scenario that the Directive 2015/999
has been implemented in Germany by way of the Public Transport Facilities (Special Needs)
Order (‘the Order’) coming into force since December 2018. In the Order it was seen to be
providing that in the underground train stations there should be availability of lifts for all the
travellers who are wheelchair bound. In the scenario it was observed that in the month of
March 2019, an eight month pregnant woman named Gloria was denied to use the lift in an
underground train station at a rush hour as she was not in the wheel chair. Because of this
Gloria was seen to be slipping down the stairs which caused her to break her ankle. In this
context the issue that can be raised is- what are the three effects that European Union Law
has in the legal system of a nation; and what might be the most likely outcome in the given
case study.
European Union Law
The impact of the European Union Law on the Member States is considered to be a
sensitive issue as it is a concern of the effect of the European Union in the sovereignty of a
nation. Many researches have been done, in which no equivocal answer could be found;
instead the researchers have found many diverging conclusions to the issue. These

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conclusions can be explained by the help of different methods1. The relation that is existing
between the European Union and the member countries are mostly observed to be limited
towards elaborating the conferral principles, subsidiarity principle and any other
constitutional principle that are relevant. The European Law can be described as the system
of law that is observed to be operable between the Member States present within the
European Union. There are many policies executed by way of the legislations of the
European Union for its Member States to be manoeuvring. The examples of such policies
include open norms, possibilities for the applications of the exceptions or limitations present
at the national level towards the scope of the European Union Law. The impact of the
legislations of European Union can be considered as to be crucial for the determination of the
rights and obligations of the citizens of the Member States2. The effects that the European
Union law has on the citizens of the Member States can be considered as more diverse. There
are many rights that have been granted to the citizens by way of the EU legislations which
can be invoked against the Member States. The European Union can only affect the Member
States only by way of the legislations. However, the measures by the Executives and the ECJ
decisions can also be seen as having substantial influence over the States. The European Law
can be observed as to become a part of the legal system of its Member States and has both
direct and indirect effect on the legislations of the Member States.3 The legal order of the EU
Law is generally seen as being divided into two legislations, the primary legislation, which
consists of the Treaties and other general principles in law, and the secondary legislations
which have their basis on the treaties and other laws that are supplementary. The directives,
regulations, opinions, recommendations, decisions and the regulations are considered as the
1 De Baere, G. and Gutman, K., 2016. The impact of the European Union and the European Court of Justice on
European family law. a Jens Scherpe (ed.), European Family Law, 1, pp.4-48.
2 Nicoll, W. and Salmon, T., 2018. Understanding the European Union. Routledge.
3 Raunio, T. and Wiberg, M., 2017. The Impact of the European Union on National Legislation. Zentrum für
Europäische Integrationsforschung.

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secondary legislations of the European Union4. These secondary legislations can be adopted
by the Member States of the European Union only if they have been provided with the
empowerment by way of the Treaties5. These secondary legislative sources of the European
Union have been listed in the Article 288 of the Treaty on the Functioning of the European
Union6 and the limits to the competence of the Union can be observed as being governed by
way of the provisions mentioned in the Article 5 (1) of the Treaty on the European Union7.
The Directives can be considered as to be binding on every Member State which the said
directive has been addressed towards. The selection of the methods and the forms of the
fulfilment of the Directives are left to the national authorities. It is required for the National
legislators for adopting transposing act or national implementation measures for the
transposition of the directives and bringing the laws present in the nation to be in line with
the objectives of the said directives. As per the Court of Justice of the European Union
specific provisions of the directives might have direct effects in the legal system of a Member
System in situations when the transposition of the directive in the national law has either not
been done or has been done incorrectly; or if any of the provisions of the directive is
considered as to be imperative and precise and clear in a sufficient manner; and the rights of
the people are conferred by way of the provisions of the directives8. In case of fulfilment of
these conditions any individual might be eligible for the invocation of the provision of the
directive. In the judgment of the Paola Faccini Dori v Recreb Srl (1994) C-91/929 the second
effect of the EU law has been mentioned as in case only the 1st and 2nd condition is fulfilled
then the authorities in the Member States are required to be taking untransposed directives.
This effect is known as the Principle of Effectiveness. In the Francovich v Italy (1991) C-
4Marin, P. and Dragomir, K., 2018. Sources of European Union Law. IJASOS-International E-Journal of
Advances in Social Sciences, 4(11).
5 Raunio, T. and Wiberg, M., 2017. The Impact of the European Union on National Legislation. Zentrum für
Europäische Integrationsforschung.
6 Treaty on the Functioning of the European Union, Art 288
7 Treaty on the Functioning of the European Union, Art 5 (1)
8 Dadomo, C. and Quenivet, N., 2017. European Union Law. Hall & Stott Publishing.
9 Paola Faccini Dori v Recreb Srl (1994) C-91/92

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6/9010 the indirect effects were provided. In the mentioned case it was decided that any
individual would be able to claim compensation from the Member States of the European
Union in case they had suffered loss because of the failure of the transposition of any
Directive under the EU in national legislation.
Effect of EU Directive in National Legislation
As mentioned above that there are three possible effects of the Directives
under the European Union Law in the Member States of the European Union- The direct
effects; the indirect effects; and the Principle of Effectiveness. . According to the Court of
Justice of the European Union definite provisions of the directives might be seen as having
direct effects in the system of law of a Member System in circumstances when the
substitution of the directive in the national law has either not been done or has been done in
an incorrect manner; or if any of the provisions of the directive is considered as being
imperious and particular and clear in a adequate way; and the rights of the people are
deliberated by way of the provisions of the directives. In case of completion of these
conditions any person might be entitled for the solicitation of the provision of the directive. In
the ruling of the Paola Faccini Dori v Recreb Srl (1994) C-91/92 the second effect of the EU
law has been stated as in case only the 1st and 2nd condition is satisfied then the establishments
in the Member States are required to be taking untransposed directives. This effect is known
as the Principle of Effectiveness or the horizontal effect. In the Francovich v Italy (1991) C-
6/90 the indirect effects were delivered. In the said case it was decided that any person would
be able to claim reimbursement from the Member States of the European Union in case they
had suffered loss because of the failure of the transposition of any Directive under the EU in
national legislation. In the given scenario it can be seen that the Directive 2015/999 was
implemented by way of the Public Transport Facilities (Special Needs) Order and the order
10 Francovich v Italy (1991) C-6/90

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was very clear and precise that lift must be provided for the mobility impaired people who are
wheelchair bound. By way of the directive the rights of the mobility impaired people have
been conferred.
Conclusion
Therefore it can be stated that the Directive would have direct effect on the national
law system. Following the direct effect Gloria cannot be able to claim for any compensation
under the provisions of the EU law as the directive has been implemented in a clear manner
towards any wheelchair bound person and Gloria was not wheelchair bound at the time of the
Action.
Question 3
Introduction
In the particular scenario, France is considered to put a restriction on pesticide named
Permethrin, which is legally sold by other EU member states. The French authorities were
considered to be concerned about this pesticide due to the health risk it posed through various
scientific studies. Therefore, due to such France had passed a national legislation, which
would pose some kind of limitation on its usage. Otto is considered to be a Dutch producer of
the several varieties of barley and wanted to market the product in France. The new
legislation of France was considered to be a growing concern for Otto since Permethrin was
considered to be an effective pesticide for the crops and therefore, such might exceed the
limits which had been provided and imposed upon by France. Thus, Otto was curious to
know the EU law and whether such law could challenge whether the provisions laid down by
the French government.

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European Union
The European Union Law is considered to be between the European Union and the
member states. The standards or norms of the national law are considered to be set aside. It
has been developed by that of the European Court of Justice that any norms or standards of
European Law would be given higher priority and precedence over the general norms of any
of the national legislation or the Constitution, which are followed by the member states. The
national courts are considered to accept the various principles, which are in practice.
However, there are times when the member states disagree due to the extreme interpretation
to reserve the rights so that the constitutionality of the European law can be reviewed under
that of the national constitutional law.
In the European Court of Justice, the national courts are considered to misapply any
national norm if such is considered to be believed to be non-compliant with that of the EU
law. Such is considered to be a little different through that of the Parliament’s legislation and
it only concerns itself with a specific case but on the other hand, the legislation is considered
to be universal and equal for everyone. Nevertheless, a disapplication of the national law
might be able to create a judicial precedent and such might be repeated over time by the court
and due to such it would become national jurisprudence. It was argued by Great Britain that
such statement was considered to be contradictory to the essential principle of that of the
separation of powers into the domestic jurisdictions as it is considered to be provided to the
unelected courts which has the authority to ignore the role of the Parliament with that of the
de facto immunity obtained from that of the enforcement of law. There are several countries
which provides that when any legal antinomy is discovered or identified between that of the
EU law and the national law the courts along with the public officials are considered to
suspend their application of their national law and ask the national Constitutional Court to
wait until and unless any decision is taken. If the norm is considered to be acknowledged as

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constitutional then such would be considered to automatically apply to the national law. This
particular fact is considered to create any antinomy among the European Court of Justice and
the national Constitutional Court11.
It can be understood from the case of Flaminio Costa v ENEL (1964)12 where Mr.
Costa was considered to be an Italian citizen and he was opposed to that of nationalizing of
the energy companies. He was holding various shares in a private corporation which was
subsumed by that of the nationalized company. ENEL had refused to pay for any kind of
electricity bill which was in protest. In the following suit which was considered to be brought
by to that of the Italian courts by ENEL there were arguments that the nationalization would
be considered to infringe and violate the EC law which would be on that of the state
misrepresenting the market. The Italian government was considered to believe that such was
not considered to be any issue, which would be complained by any private individual as such,
was the decision which needed to be made by the national law. The decision was given in
favor of the government by the European Court of Justice due to the Treaty rule which was
considered to be relevant on that of an factual market and such was considered to be the one
which could be challenged by that of the Italian government. Mr. Costa as an individual did
not have any position to challenge any kind of decision, as the Treaty provision did not have
any kind of direct effect. However, the point which was raised by the EC law which was
against that of the national government in that of the legal proceeding disagreed with the
Italian government. It was also said that such law would not be effective if the national law
was not challenged by Mr. Costa due to its incompatibility with that of the EC law13.
11Handford, Caroline E., Christopher T. Elliott, and Katrina Campbell. "A review of the global pesticide
legislation and the scale of challenge in reaching the global harmonization of food safety standards." Integrated
environmental assessment and management 11.4 (2015): 525-536.
12Flaminio Costa v ENEL (1964).
13 Genovesi, Piero, et al. "EU adopts innovative legislation on invasive species: a step towards a global response
to biological invasions?." Biological Invasions 17.5 (2015): 1307-1311.

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It has been said that the precedents of the Union law is considered to be written in the
Constitution of the countries who are a part or a member of the European Union. It has also
been stated in the European Constitution that the law adopted by various institutions in the
Union in exercising their authorities or powers shall have primacy over any other law of that
of the Member States. However, it can be understood that such was never considered to be
ratified but was included by the Treaty of Lisbon14.
In France like several countries have a civil law legal tradition the judicial system is
considered to be divided between that of the ordinary and the administrative courts. The
ordinary courts accepted the primacy or the supremacy of the European Union law in the year
1975. On the other hand, the administrative courts are considered to only accept such doctrine
in the year 1990. Prior to the supreme administrative court it was held that since the
administrative courts had no power of judicial review over any other legislation which was
enacted by that of the French Parliament there could be no national legislation found which
would be incompatible with that of the EC law. Such was considered to be contradictory or in
contrast to that of the supreme court of that of the ordinary courts. It can be observed through
the case of Administration des Douanes v Société 'Cafes Jacques Vabre' et SARL Wiegel et
Cie [1975] 2 CMLR 33615 where the precedence was ruled that such should be given to that
of the EC law over any other national law which would be in accordance with the
requirements of that of the Article 55 of the Constitution as this provided with the supremacy
which was considered to be ratified through an international treaty over any national law. The
administrative courts are considered to finally change the position as it can be understood
through the case of Raoul Georges Nicolo [1990] 1 CMLR 17316 as they decided to monitor
and follow the reasoning that was considered to be used by the Cour de cassation.
14 Treaty of Lisbon
15 Administration des Douanes v Société 'Cafes Jacques Vabre' et SARL Wiegel et Cie [1975] 2 CMLR 336.
16 Raoul Georges Nicolo [1990] 1 CMLR 173

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Whether the French Provisions can challenge the EU law
It can be understood that the European Union law does enjoy primacy over the
national legislations of the member states. Therefore, in this particular scenario, the French
provisions can be challenged as France is considered to be a member state to that of the
European Union. If France had ratified to the treaties then in that case the EU would have
primacy or supremacy in the national legislation and therefore, Permethrin would be
considered to be legally sold as the usage of such pesticide is considered to be legal among
the countries in the EU.
France on the other hand, has the authority to challenge the claim only if such is
considered to be incompatible with that of the EC law. Therefore, it can be understood that,
in this particular scenario the France is considered to limit the use or restrict the use of the
pesticide which is considered to be effective on barley. The national legislation is considered
to provide that the barley importers need to pay fifteen per cent of the overall value of barley
for some kind of compulsory health inspection. After such, the French authorities would
release a detail chemical analysis report and after such new tax scheme would be given which
would favor the grain which are produced and sold in France.
Conclusion
Therefore, if such provisions are incompatible with the EC law then the country has
the authority to challenge. If not, then the EU law is considered to be the primary law and
such would be binding on the country as France is a member state17.
17Rosenthal, Douglas E., and William M. Knighton. National laws and international commerce: The problem of
extraterritoriality. Routledge, 2017.

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Bibliography
Books and Journals
Dadomo, C. and Quenivet, N., 2017. European Union Law. Hall & Stott Publishing.
De Baere, G. and Gutman, K., 2016. The impact of the European Union and the European
Court of Justice on European family law. a Jens Scherpe (ed.), European Family Law, 1,
pp.4-48.
Genovesi, Piero, et al. "EU adopts innovative legislation on invasive species: a step towards a
global response to biological invasions?." Biological Invasions 17.5 (2015): 1307-1311.
Handford, Caroline E., Christopher T. Elliott, and Katrina Campbell. "A review of the global
pesticide legislation and the scale of challenge in reaching the global harmonization of food
safety standards." Integrated environmental assessment and management 11.4 (2015): 525-
536.
Marin, P. and Dragomir, K., 2018. Sources of European Union Law. IJASOS-International E-
Journal of Advances in Social Sciences, 4(11).
Nicoll, W. and Salmon, T., 2018. Understanding the European Union. Routledge.
Raunio, T. and Wiberg, M., 2017. The Impact of the European Union on National
Legislation. Zentrum für Europäische Integrationsforschung.
Rosenthal, Douglas E., and William M. Knighton. National laws and international
commerce: The problem of extraterritoriality. Routledge, 2017.
Legislations and Treaties
Treaty of Lisbon

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Treaty on the European Union
Treaty on the Functioning of the European Union
Case Laws
Administration des Douanes v Société 'Cafes Jacques Vabre' et SARL Wiegel et Cie [1975] 2
CMLR 336.
Flaminio Costa v ENEL (1964).
Francovich v Italy (1991) C-6/90
Paola Faccini Dori v Recreb Srl (1994) C-91/92
Raoul Georges Nicolo [1990] 1 CMLR 173