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The benefits of EU Law for members of the EU
Unfortunately EU law has not been recognised for its full potential and legal rights it bestows upon its members. All too often in the press hearing negative stories about how the EU is interfering in our daily lives. Nothing could be further from the truth, politicians often used EU law to cover up their own mistakes or to put the blame elsewhere. They have in general failed to give full perspective to what Britain signed up to in 1971. When the ECJ does seek them to give individuals of the European Union empowerment so that when a state fails to implement specific directives individuals can seek readdress through the ECJ. This has been established in such cases as Van Gend en Loos. The principle of direct effect under article 25 of the EC treaty. If we take the case of Faccini Dori v Recreb Srl [1994] ECR I-3325. The Company Recreb concluded a contract with Miss Faccini Dori at Milan Central Railway Station for an English language correspondence course. Some days later, by registered letter Miss Faccini Dori informed that company that she was cancelling her order. Recreb did not accept the cancelation notice and asked the Giudice Conciliatore di Firenze to order Miss Faccini Dori to pay it the agreed sum with interest and costs. The judge ordered Miss Faccini Dori to pay the sums in question, to which order she lodged an objection with the same judge. The judge stayed the procedings to receive the answer from the ECJ in preliminary ruling on whether it can apply the directive in question. (directives are EU Law that need to be implemented) At the material time Italy had not taken any steps to transpose the directive into national law, although the period set for transposition had expired. The judge ruled she could. This decision in this case manages to balance the rights of the individual with jurisdiction of the individual state and insure that justice is done for both. Miss Faccini Dori should be able to relay on EC directives even if they have not been implemented. The case above is one of many examples where individuals seek an answer to their problems. By being a member of the EU individuals concerned can more often than not go to the ECJ when their own country is in breach of EU Law (common business practices). From a business point of view it would be ludicrous to think that a contract would hold a different value in a different country with EU law.
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