"EU Law – Direct effect, Indirect effect, state liability Model Answer (2016)
April 2014, the Council and the European Parliament adopted the Trade Union Training Directive 2014/65 (fictitious). The Directive requires every Member State to set up a scheme to fund training grants for trade union officers.
The Directive states: (1) Training grants shall be available to ALL trade union officers, WHO are working for a qualifying organisation AT the time of their application.
(2) The term “qualifying organisation” means any organisation employing 20
or more employees. (3) Member States must establish a compensation fund for applicants whose grant applications are wrongly refused.
The U.K. Government implemented Articles (1) and (2) of this Directive in March 2016 through the Trade Union Officers Training (U.K. Applicants) Regulations (fictitious). The scheme is administered by an independent government funded organisation called Trade Union Training Enterprises (T.U.T.E.)
Regulation 5 of the U.K. implementing measures states: “Grants shall be awarded to senior trade union officers employed in an
organisation employing more than 20 employees.”
Due to its public spending cuts, the U.K. has not implemented Article (3) of the Directive.
Millie is a trade union officer at Tiddles, a small company which makes organic cat food. The company employs 20 people. Her employer has told Millie that if she succeeds in obtaining a training grant she will get a 2% pay rise.
Millie submits her application for a training grant under the U.K. Regulations but is turned down by T.U.T.E.( independent government funded organisation) on the following grounds: a) She is NOT a senior trade union officer and, b) Her employer ONLY employs 20 people.
Consider what legal action might be taken against either T.U.T.E. and/or the U.K. and by whom"
I understand the question is regarding direct effect/ indirect effect, state liability and article 258.
I plan on writing the enforcement of the direct effect in regards to how article 3) wasn't implemented and article 1) 2) were implemented properly
I also plan on writing the damages/compensation that Millie is entitled too.
And lastly whether the commission can take action against the UK government for failing to implement the directive properly.
However I am confused about what I would write in regards to indirect effect. Sources suggest that it would be Millie taking action against her employer, but I'm not sure how to tackle this section and whether I'm doing it right?
Any indication/ suggestions would be great, thankyou.
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EU LAW Problem Question, direct/ indirect effect, state liability and article 258 watch
- Thread Starter
- 03-02-2018 20:55