I desperately need help with answering these three questions, i hate EU, i don't understand it in the slightest so any guidance would be appreciated. the scenario and questions are below..
A (fictitious) Directive2014/65/EU (henceforth, ‘the Directive’) was adopted by the European Parliament and Council of Ministers on 1 January 2014 regulating the growing of hedges in Member States.
The Directive provides that hedges in any EU Member State can be grown up to a maximum height of 3.5 meters. No definition of hedges was provided in the Directive. The implementation period in Article 18 of the Directive is 2 years from the date of adoption.
Ruritaniana, a fictitious EU Member State, transposed the Directive within the implementation period by passing the (fictitious) Hedges and Trees Act 2015 (henceforth ‘HTA15’), which delegatedtechnical rule making on the height, width and type of hedges and trees allowed in Ruritanian to decrees issued by the Ruritanian Hedges Association (henceforth ‘RHA’).
The HTA15 required allcompanies that grew trees and hedges to register as members with this privately owned tradingassociation and complywith its decrees (rule). Decree RHA/1/16 provided,
1. that hedges could be grown to a maximum height of 2 meters and trees could be grown to a maximum height of 2.5meters;
2. definitions forboth hedges and treesand included the fast-growing bushy plant/tree known as ‘leylandii’ within the definition of trees;and,
3. for an administrative tribunal with powers to resolve disputes between parties over the contents of decrees, the decisions of which are binding on the partiesand with a possibility of appealing to the Ruritanian Court of Appeal.
On 1 March 2016 the Commission adopted the (fictitious) Implementing Regulation (EU) 2016/1967 (henceforth, ‘the Regulation’)that limited the height of any genetically engineered plants used in hedges throughout the EU to 2metres.
Adoeete owns a companythat has been growing, marketing and selling leylandii since 1999. In 1999 her Research& Development department developed a genetically engineered leylandii seed that guarantees all leylandii grow to exactly 3 metres. Both the seeds and the leylandii grown from themhave proved incredibly profitableover the last 7 years and the company is dependent on their continuing success. She was granted the patent for this seed in 2000, which gives her the exclusive rights to commercially exploit it in Ruritania for 20 years.
In a case brought by Adoeete against the RHA, the administrative tribunal, in an expedited ruling, hasrecently refused to make apreliminary reference on the interpretation of the term ‘hedges’ used in the Directive to the CJEU, even though it believes that the Directive is invalid. It has also refused Adoeete permission to appealto the Ruritanian Court of Appeal.
AdviseAdoeete on the following questions. Please ensure you explain your answer:
1.Can Adoeete rely on direct orindirect effect to enforce her rights under the Directive before hernational courts?
2.Shouldthe administrativetribunal have made a preliminaryreference to the CJEU over the interpretation of the term “hedges” and the validity of the Directive?
3.Can Adoeete challenge the adoption of the Regulation in the CJEU using Article 263 TFEU?
EU law question need help! Watch
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Last edited by 2412aj; 21-04-2016 at 15:29.
- 21-04-2016 15:25