Law Essay Example | Topics and Well Written Essays - 2750 words - 4

Law - Essay Example l effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression enforceable Community right and similar expressions shall be read as referring to one to which this subsection applies.†1 Essentially, Section 2(1) ensures that in the event there is a conflict between EC law and UK law, the former prevails. In other words EC law confers upon Bill and Jim â€Å"directly enforceable laws† within the UK.2 It was also held in Van Gend en Loos v Nederlandse Administratie der Belastingen that the EC represents a â€Å"new legal order† which binds all Member States. 3 To this end, there are three systems of law within the EC that determine Bill and Jim’s right to take action against the UK for personal injuries incurred as a result of their failure to implement Directive 2007/15/EC by the due date. The three systems of law are primary legislation which encompasses EC Treaties, secondary legislation which are Directives and regulations and the third source of law is Decisions.4 Bill and Jim’s claim for personal injuries will fall under the application of secondary injuries since the claim is directly related to a Directive issued by the Council of Ministers and the European Parliament. Directives require official enactment by Member States but they are nonetheless binding on all Member States.5 In fact Article 249 of the Treaty of Rome 1957 provides that Directives are binding on all Member States â€Å"which it is addressed.†6 Although the UK has a discretion as to how to implement the Directive on the phasing out of chalkboard, the Directive remains applicable under UK law once the date for implementation passes. The fact that the UK’s safety regulations adequately deal with the main objectives of the Directive does not weaken the application of the Directive.7 In Publico Ministero v Ratti [1979] ECR it was held that as a result of Article 189 (now article 249) of the