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imagine that the regulation is a directive.could a person rely on the directive in proceedings in court
22 months ago

Law Question asked by Mahmood

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The question prompts discussion into direct effect - I would begin by looking at the principles of "horizontal" and "vertical" direct effect. You will need to differentiate these. Remember as well that Directives are binding on all member states, but whilst the states have to implement them they also have discretion over the specific mechanisms used to implement them. For direct effect in general see Van Gend en Loos for the direct effect of directives specifically see Van Duyn v Home Office.This is evidently not the whole answer but just a general overview. Remember also that it is difficult for people (rather than states) to utilise EU law against a state as they need to show direct and specific concern. A quirk of this is that formerly state run businesses which are now private practice (e.g. British Petroleum or British Telecoms) can be considered "emanations of the state" and therefore make the state liable. You will need a case to cite when you make this particular point, I cannot recall what the case is however as I am not specifically an EU lawyer.

I hope this helps, appologies that it is not as detailed an answer as it could have been.

I am available for questions, and offer tutorship in Law up to A-Level.

Best Wishes,
James

Answered by James | 20 months ago
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Mahmood, please could I see the rest of the question.
Answered by Nicole | 22 months ago
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