Help with Problem Question
I'm studying a law conversion course at my university and one of my assignments I'm working is a problem question related to directives. I have to explain if it can be relied on against the individuals employer.
One of the areas I'm planning to talk about is state liability, where one of the conditions is that the rights must be identifiable within the directive. However, in the problem question, it doesn't tell you which article the provision of the directive is under, and it doesn't quote it. It just tells you what it does and who it is for. Does that mean it is not identifiable within the directive?
The reason I'm asking is because every problem question related to directives I've done before it quotes the article under the directive.
One of the areas I'm planning to talk about is state liability, where one of the conditions is that the rights must be identifiable within the directive. However, in the problem question, it doesn't tell you which article the provision of the directive is under, and it doesn't quote it. It just tells you what it does and who it is for. Does that mean it is not identifiable within the directive?
The reason I'm asking is because every problem question related to directives I've done before it quotes the article under the directive.
Reply 1
Original post
by NiallODKI'm studying a law conversion course at my university and one of my assignments I'm working is a problem question related to directives. I have to explain if it can be relied on against the individuals employer.
One of the areas I'm planning to talk about is state liability, where one of the conditions is that the rights must be identifiable within the directive. However, in the problem question, it doesn't tell you which article the provision of the directive is under, and it doesn't quote it. It just tells you what it does and who it is for. Does that mean it is not identifiable within the directive?
The reason I'm asking is because every problem question related to directives I've done before it quotes the article under the directive.
One of the areas I'm planning to talk about is state liability, where one of the conditions is that the rights must be identifiable within the directive. However, in the problem question, it doesn't tell you which article the provision of the directive is under, and it doesn't quote it. It just tells you what it does and who it is for. Does that mean it is not identifiable within the directive?
The reason I'm asking is because every problem question related to directives I've done before it quotes the article under the directive.
Reply 2
No—the fact that the problem question does not quote or reference a specific article does not mean the right is not “identifiable within the directive.”
In a problem question, you are expected to infer the existence and content of the right from the description provided, rather than from an expressly cited article number.
NB: I can help you tackle the question comprehensively if you wish.
In a problem question, you are expected to infer the existence and content of the right from the description provided, rather than from an expressly cited article number.
NB: I can help you tackle the question comprehensively if you wish.
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