Effectiveness and coherence in the EU legal order would be better Essay

Effectiveness and coherence in the EU legal order would be better served if provisions in directives were deemed capable of horizontal direct effect - Essay Example This case highlighted that horizontal direct effect is concerned with the relationship of individuals and companies whereas vertical direct effect is concerned with the state’s obligation to ensure its observance and its compatibility with national law thereby allowing actions against the state. (Craig and de Burca, 2003) Directives generally do not have horizontal effect and are usually only enforceable against the state. It was noted in Courage Ltd v Crehan (Case c-453/99) that regulations can have horizontal direct effect. Directives are instructions issued through the EU that specify the result that is to be achieved by the implementation of the Directive. Governments can implement the directive in any manner they choose so long as the end result embodies the spirit of the directive. As directives only specify the expected result they cannot have direct effect. Directives do no create rights. (Craig and de Burca, 2003) There are some occasions where the courts have given direct effect to a directive such as in the case of Grad v Finanzamt Traunstein (Case 9/70) [1970] ECR 825 which was involved with VAT. In this case the European Court of Justice made the ruling that a directive and a decision could have direct effect if they imposed an obligation to achieve a required result. In order for someone to rely on the directives the government’s have to ensure that the directive has been implemented. In cases where the implementation of the directive has passed and the government has not implemented it the courts will have to decide whether the claimant can still rely on the directive. In Pubblico Ministero v. Ratti (Case 148/78) [1979] ECR 1629 the defendant had violated an Italian law in order to comply with an EEC directive on product packaging. The Italian government was seeking to prosecute the defendant for breaking the law. The courts stated in this case that the Italian

Transcendentalism Essay Example | Topics and Well Written Essays - 1000 words

Transcendentalism - Essay Example The thesis is that the Transcendentalist tenet of the individual being the center of the cosmos is validated in Waldens Thoreau (Thoreau; Morin; Reuben; Simpson). At the center of Thoreaus philosophy is the assertion that a kind of salvation and bliss could be found only if men followed their own genius and went their own way, in a shout out to individuality and the power that resides in the individual to determine his own happiness, outside of the conventions of society and of a religious organization. Indeed, in Thoreau it seems clear that within the individual resides a faculty to make his own way. He makes this clear in the way he likens an inner inspiration to an inner drumbeat, that some people more than others are better able to hear and to follow, against the tide of human society. Thoreau says of this thus, that if an individual does not go with what the rest of society is doing, pursuing an enterprise of seeming urgent importance, why should society then pressure that man to comform? That mans inner disposition is to be respected, because he may be following an inner music or following the prodding of an internal beat: â€Å"Why sh ould we be in such desperate haste to succeed and in such desperate enterprises? If a man does not keep pace with his companions, perhaps it is because he hears a different drummer† (Thoreau 245). This passage demonstrates the tenet of the individual as the spiritual center of the cosmos. Here Thoreau hints at a reality that is accessible to every individual, that is sometimes at odds with the reality of convention and the demands of society. In this passage Thoreau is saying that reality is not something that is the same for all, and that sometimes society may be clueless and running blind even in pursuit of this project or that, when inspiration for a truer work lies within. In this way Thoreaus work makes explicit reference and