Eu Law?!?!?!

Is this for A-Level or degree level law?

Briefly, if a piece of EU law is stated to have Direct Effect, it means the member state doesn't need to introduce it into their domestic law themselves, rather it applies directly to individuals, insititutions etc. If the member state doesn't apply say TEU law then according to the Treaty, they are liable for breach of the Treaty and can be penalised-I think under Article 228 (I would check that). Cases where this has happened: Commission v UK, Commission v Kingdom of Belgium and Commission v Republic of France. (However only if European Commission has first alerted member state of breach and advised on what action the member state can take to remedy it.)

There are hundreds of cases with those names that the ECJ has passed judgments on. For the OP to know what cases you are referring to you need to put the case number/law report citation in as well or at least the year in which it was decided so the OP can consult relevant textbook chapters and try and locate the cases you are referring to.

Your revising for EU law by using a Constitutional law textbook?!

It's not an EU law module, it's a module where you have to analyse everything in constitutional terms. I do use articles more though to be fair.

I see, its just that I thought the OP was studying EU law.

Re: the bold. Whats that module called? Constitutional law?

Hi i have an assignment due really soon and im stuck!
Here it is...

the question is about a directive that was adopted by the EU and had an implementation deadline... between the date of adopting the directive and the deadline, a woman was in a situation where the directive would have applied however the UK had not implemented it yet....

(directive is - consumers who have purchased goods and services through mail order outlets in an member state shall have the right to withdraw unilaterally from the contract within 15 days of the date of placing the order by giving notice in writing to the supplier. Within 7 days of recieving such a notice, the supplier shall make a full refund of the contract price to the consumer, subject to the deduction of a reasonable amount in order to cover any costs incurred by the supplier for carriage and administration'

So what does that mean!?.. i talk about direct effect but in the case of Ratti, it states that if implementation deadline date has not passed, it cannot have direct effect. and the deadline has not passed here!

what about indirect or state liability? anything else that needs to be mentioned?

2) Also, theres another question saying that the UK wants to base a legal claim against the validity of the Directive, how would they do this? on what grounds?...

PLEASE PLEASE help if you can!!