LOGIN TO YOUR ACCOUNT

Username
Password
Remember Me
Or use your Academic/Social account:

CREATE AN ACCOUNT

Or use your Academic/Social account:

Congratulations!

You have just completed your registration at OpenAire.

Before you can login to the site, you will need to activate your account. An e-mail will be sent to you with the proper instructions.

Important!

Please note that this site is currently undergoing Beta testing.
Any new content you create is not guaranteed to be present to the final version of the site upon release.

Thank you for your patience,
OpenAire Dev Team.

Close This Message

CREATE AN ACCOUNT

Name:
Username:
Password:
Verify Password:
E-mail:
Verify E-mail:
*All Fields Are Required.
Please Verify You Are Human:
fbtwitterlinkedinvimeoflicker grey 14rssslideshare1
Marson, James; Ferris, Katy (2015)
Publisher: Wolters Kluwer
Languages: English
Types: Article
Subjects: K1
Throughout the duration of the UK’s membership of the European Union (EU), non-implementation and incorrect transposition of Directives has been commonplace. Coupled with the Court of Justice of the European Union’s refusal to extend the direct effect of Directives to horizontal relationships, and historic difficulties in holding States liable in damages, it has often fallen to the national courts to give effect to EU laws through purposive statutory interpretation. Recent cases involving the collective redundancy of workers in the UK (currently awaiting a ruling from the Court of Justice through the preliminary reference procedure), and the High Court’s assessment of State Liability in the insurance sector, raise questions as to the efficacy of the current system of enforcement of EU law domestically. Despite the problems of access to EU rights experienced by workers in the UK, there appears to be hope that the judiciary is becoming more attuned to the relationship between EU and domestic laws, and are willing to take control of granting access to remedies without necessarily waiting for EU institutions to provide express permission or instruction. 2014 was a particularly important year in this regard. However, a systematic review of the UK’s transposition of EU law and the impact on individuals of the current suite of enforcement mechanisms is required if private enforcement of EU law is to provide the protection workers need and to which they are entitled.
  • No references.
  • No related research data.
  • No similar publications.

Share - Bookmark

Cite this article