Economics 3364A/B Study Guide - Quiz Guide: Working Time Directive 2003, Justiciability, Sucker Free
25 Oct 2020
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If they are conditional means that the ms needs to take action in order to implement that piece of legislation this means that. Directives do not have direct effect in horizontal relations, unles the implementation period has expired and ms has not adopted national act then the citizens can trigger their rights (a penalty to the state). Sword: eu law establishes a new norm replacing national norm (p. 149) Shield: eu law excludes application of conflicting rule. Vertical direct effect: yes sufficiently clear, plus expiration implementation period (because is the main piece of legislation of eu) Horizontal effect: no, because directives only impose obligations on ms, not on individuals (e. g. employment contest in private market the employer applies only national legislation the fault is on ms) Dominguez works for a social security institution - gets accident on way to work one year off. Dominguez claims paid annual leave under working time. Minimum requirement to have worked for 10 days.
