LAW

European Union Directives- Case

European Union Directives- Case

Introduction

There is always a considerable debate over the supremacy of National Law vs. the European this confrontation between autonomy and union of two legal systems coexist is a source of conflict. The issue is resolved differently if the legal systems are the same or if one is superior to the other. The study of the relationship between the standards of national law and the provisions of Community law led to the study of the hierarchy between these standards and sanctions of his non-compliance.

These conflicts provide a better understanding of institutions, both Community and national, by putting to the test. On this occasion have implemented various forms of regulations, and sometimes legal instruments are created. Community law has a specific nature. It is organized from the national law on the basis of the principles of primacy and direct effect. Yet national laws retain some autonomy. This coexistence leads to the emergence of certain areas of conflict, especially with the guidelines. The purpose of this study is to identify those areas of conflict between Community law and national law, both autonomous and techniques to solve them. The actors are community institutions-the Commission, Parliament, the Council, the European Central Bank, the Court of Auditors , Member States and nationals of these States, whether natural or legal persons. Sometimes you have to add the third States and their nationals. Control is exercised by the Community courts and national courts. Moreover, justice is important community integration.

Discussion

The Case of Marshall is about the financial compensation for the loss sustained by the individual who was dismissed as a result of discriminatory action. The court verdict in 1986 says that the dismissal of Ms M.H Marshall was an unlawful based on the discrimination ground. The discrimination was a sex-based. In this case, Ms Marshall claimed compensation in context of Sex Discrimination Act 1975.

The European court of justice found it's self in a difficult situation. Where there is conflict between the directive and the Sex discrimination Act 1975. The conflicting part of these directives and the Sex Discrimination Act 1975 is on the amount of damage that Ms Marshall can claim.

Legal Position of 'Directives'

European directives are the result of the term "integration" generally refers to union in the whole of any parts or consolidation and coordination of different parts of an integrated system or process streamlining, coordination and integration of structures and functions in the whole body. Thus, the integration includes not only external but also internal aspect of convergence of certain phenomena. When we talk about integration of legal systems, we mean not only the study of external mechanisms and processes that resulted in this integration, but also pay attention to the inner side of the issue - namely, the identification and analysis of the functioning and interaction of internal components (structure) of the legal system - institutional, functional and regulatory units.

A striking example of the most advanced regional integration associations in our time is the European ...