Reliance on EC Law Essay Example | Topics and Well Written Essays - 1000 words

Reliance on EC Law - Essay Example The state will be held liable if it fails to implement the provisions of the EC Directives properly and within the date prescribed for such implementation. Individuals can seek the Court’s intervention, if their rights are breached, due to the non – implementation or improper implementation of Directives, on the basis of the doctrine of state liability. However, in such cases, the violation committed by the state should be of a serious nature2. For instance,the ECJ held in the Angonese case that Article 39 EC is directly effective. This Article deals with the free movement of workers3. The European Court of Justice, through its case law, had established that certain Treaty Articles would have direct effect. However, not all Treaty Articles have that characteristic, and some Articles do not provide rights to individuals. Such Articles, under no circumstances, can have direct effect. The prominent case in this regard was that of Van Duyn v. Home Office4. The principles relating to direct effect were discussed threadbare in this case. The Van Duyn case was chiefly based on Article 39 EC Treaty, which provides for the freedom of movement of workers throughout the community. This Article was designed to have direct effect. In order to have direct effect, a provision must be legally justifiable, or the provision should be deemed to be appropriate, for a court to enforce it. Such provisions should be free of ambiguity for the purpose of enforcement by a Member State5. In Defrenne v Sabena6, the ECJ held that Treaty Articles would have direct effect between individual and the state as well as between two private individuals7. Dev, a school teacher, applied for seven days paid leave in March 2008, which was refused on the grounds that he was eligible for only three days, in accordance with the Study and Training Act. Dev can take recourse to EU law for claiming seven days paid leave. He can file a case in the national courts against the