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Essay / Research Paper Abstract
This 5 page paper answers a set of three questions. The first looks at if a there is the potential for the doctrine of direct effect to be used where the UK does not implement an EU directive (fictitious), the second looks at if indirect effect can be used if there is a law in place similar to the measures required by the new directive. The last part of the paper considers another fictitious directive that makes marmalade a designated name and the impact tit will have on a producer outside of the designated area. The bibliography cites 10 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEeuquest1.rtf
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Unformatted sample text from the term paper:
The directive has not been enacted in the UK has not implemented it. There are two ways in which laws are
introduced. The first is a regulation. A regulation is a binding statement which applies to all member states, they will come into force on a specified date, and where there
is no specified date the default is twenty days after the regulations their publication in the Official Journal of the Community (Weatherill and Baeumont, 2004).
The directive is a different tool. These may be aimed at all, or only specific countries. These are the most common decision for the introduction of
laws. With these every country has the choice on how they should be implemented. In theory a directive can take effect form
the time that a member state is informed of the directive, there will usually be a period of time to allow the directive to adopted into the law (Weatherill and
Beaumont, 2004). This was clarified in the Maastricht Treaty, where it was stated that any directive that is aimed at all of
the member states would become active on the date that was specified within the directive (Weatherill and Baeumont, 2004). If there
was not actual date specified, then it would become active twenty days after it was published, this brought the directives more in line with regulations, as regulations came into effect
twenty days after publication (Weatherill and Baeumont, 2004). Where a state needs to implement legislation they have a choice on how it should be brought into effect. The nation state
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