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Essay / Research Paper Abstract
This 4 page paper looks at a case supplied by the student were the victim of a hit and run accident believes the compensation they have been awarded by the Bureau for Compensation. The paper considers using Article 234 EC to gain a preliminary decision on whether the UK has implemented Directive 84/5/EEC correctly. The bibliography cites 6 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEdir845.rtf
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Unformatted sample text from the term paper:
been awarded of ?50,000 but Rhodri does not believe the amount was sufficient, as it did not include costs on the amount, nor does it include interest. The question here
is whether Rhodri has been deprived of his community rights as determined by Directive 84/5/EEC, as he has been led to believe. In seeking to determine if this directive
has been correctly implemented. To determine this the courts can request a preliminary decision under Article 234 EC. The role of the Article 234 EC is not only limited to
the EU law, but can be applied to cases where there is national law that makes reference directly or indirectly to the provisions or concepts of the community law (Kaleda,
2001, Kent, 1998). The main use of the article in is situations where a national court wishes to confirm or obtain guidance on the validity of an interpretation of the
law where it is a requirement that the provisions of the EC law are applied to the case the court is hearing (Weatherill and Beaumont, 2000). If the guidance is
sought then the court may postpone the hearing until the clarification or guidance is received from the Court of Justice (Weatherill and Beaumont, 2000).
When the decision is handed down this will be in the form of a judgement and not of an opinion, and as such we see the nature of this
court as the rulings are mandatory and not only advisory (Weatherill and Beaumont, 2000). If a court applied for this guidance or clarification it is then bound by the outcome
from the court of justice in the way that the case will be decided. In the cases of Van Gend en Loos 26/62, Costa v ENEL, the case of Defrenne
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