EU Law Research Paper Example | Topics and Well Written Essays - 2500 words

EU Law - question Paper ExampleIt sets out the vision or primary goal that must be achieved and so left to the individual soil to see how best it bequeath implement the guiding. In other words, a directive is aimed at allowing a countrys national laws to easily conform to the international laws. This instrument that a country has the option to already rely on its own existing laws if it feels they atomic number 18 sufficient.6 It will also have the option of coming up with the laws to which the latter grant them a period of among one to five years. It is stated that the deflexions between regulations and directives ar aimed at member states or individuals while regulations impose to everyone. It is also argued that regulations are designed to apply directly while as seen in Article 288, directives are made effective after some form of legislation is implemented by the member state to give the tell directive a form of validity.7 In the case of caravan Duyn v. rest home portion 1974 ECR 1337, the applicant Yvonne Van Duyn, a Dutch woman, was denied entry into the United Kingdom to work as a secretary in the Church of Scientology.8 The conflict that caused her to sue Home percentage was that she had rights to movement as a worker. This meant that the Home Office had no right to turn her away. On the other hand, the Home Office argued that it had a right to recall a person entry on the basis of public policy, public security de partitioningment and public health. At this time, the Church of Scientology was banned, and on this basis, the entry of Van Duyn was denied.9 Evaluation of the Differences, Advantages and Disadvantages As discussed above, it emerges that a difference exists between these two unyielding cases. A regulation as shown by the case of Commission v. Italy, part of the... It is stated that the differences between regulations and directives are aimed at member states or individuals while regulations apply to everyone. It is also a rgued that regulations are designed to apply directly while as seen in Article 288, directives are made effective after some form of legislation is implemented by the member state to give the said directive a form of validity. In the case of Van Duyn v. Home Office 1974 ECR 1337, the applicant Yvonne Van Duyn, a Dutch woman, was denied entry into the United Kingdom to work as a secretary in the Church of Scientology. The conflict that caused her to sue Home Office was that she had rights to the movement as a worker. This meant that the Home Office had no right to turn her away. On the other hand, the Home Office argued that it had a right to deny a person entry on the basis of public policy, public security and public health. At this time, the Church of Scientology was banned, and on this basis, the entry of Van Duyn was denied. As discussed above, it emerges that a difference exists between these two decided cases. A regulation as shown by the case of Commission v. Italy, part of t he ruling was that a directive cannot be interfered with. It must be implemented in its entirety. On the other hand, as Van Duyn v. Home Office has shown, a country has the discretion to implement a directive as it sees fit. This means that the individual country has the advantage of refusing to implement a directive if it contravenes national law.