European Union Law- (Problem Question) Essay Example | Topics and Well Written Essays - 500 words

European Union Law- (Problem Question) - Essay ExampleCertainly, there has been no enforcement of the minimal redundancy directive by the ECJ.Because a directive shall generate to national authorities the choice of form and methods and always requires national implementation which can lead to different implementation methods in different member states (UK Redundancy, 2003), Andrew, who worked for an salary increase of the state, might have better positioning than Boris, who worked for a private entity. EC/EU natural law takes priority over the law of Member States if there is mutual exclusiveness between them. If in any respect British law is incompatible with applicable European Community law, then an individual who suffers loss as a consequence may be able to claim compensation from the British government due to state liability. This result is unlikely for Boris coming from the private domain both because the British government normally goes to considerable trouble to ensure t hat British law conforms with EC directives and because the British Courts will resolve any ambiguity in the wording of a British statute in a way which is consistent with EC law. The courts will also interpret British law in a way which is consistent with applicable EC law unless the wording of the British provision makes this impossible. Nevertheless, there are several examples of cases in which British law has been held to be unenforceable because it is inconsistent with EC Directives (European Communities Act, 2005).Sr Francovich sued the Italian government on the grounds that he had suffered loss as a result of the governments failure to implement EC Directive 80/987 (on the approximation of the laws of Member States relating to the protection of employees in the event of insolvency of their employer). He was employed by a company in between January 1983 and April 1984. The employer went bankrupt owing him some 6m lire (approx 3,000) pay. He obtained judgment