Analysis of Rudi And Mayda

Introduction

Rights under the UK law and the application of the ECHR rights to the claimants (Rudi and Mayda)

National legislations, such as, Health and Safety at Work Act 1974, the Management of Health and Safety at work Regulations 1999 and the Electricity at Work Regulations 1989 all provide certain rights which are applicable here.

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Employment related rights are supported by a number of policies and directives issued by the EU.

Enforcement of EU Directives in the UK in absence of Implementation of Directives Supremacy of EU law Costa v Enel is the definitive statement by the ECJ that the EU law is supreme in Europe.

Direct Effect/Indirect Effect The doctrine of direct effect allows an individual to enforce EU law in national courts as long as the EU law is clear, precise and unconditional. The doctrine of indirect effect gives individuals opportunity to ask for a remedy in case of loss suffered because state has not implemented an EU directive. Effectiveness of Directives

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The doctrine of direct effect has been expanded by European courts. The ECJ has applied the doctrine to directives. In Van Duyn v Home Office, the ECJ allowed an EU Directive to be used by an individual against the UK to enforce a right that is provided in the directive. In Pubblico Ministero v Ratti. Pubblico Ministero v Ratti, the ECJ held that individuals can invoke the directive in their domestic courts after on the lapse of time for implementing the directive.

Appliances Act 1999 Transposing of EU law in the UK Application of the above analysis to the facts regarding Rudi and Mayda


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