European Union Essay Example | Topics and Well Written Essays - 2000 words

European Union - Essay Example integrate EU law.6 Vertical direct effect occurs when EU law has direct effect between private parties and a member state of the EU.7 The direct effect of Directives is a necessary part of the EU legal regime as EU law is administered through the Commission, the European Court of Justice (ECJ) and national Courts. For the most part, â€Å"indirect administration† of European law is the primary mode of enforcement via national courts and â€Å"national authorities†.8 The Applicable Law Direct Effect The doctrine of direct effect was established by the ECJ in Van Gend en Loos v Nederlandse Administratie der Belastingen, in which it was held that the Treaty Establishing the European Community created legal rights that individuals could enforce through national courts within the European Community.9 Directives would have direct effect if they were clear and precise, unconditional and conferred a right upon the individual seeking to enforce it.10 The doctrine has since been developed by the ECJ as a means of enforcing EU law consistently through the EU.11 For example in Van Duyn, the ECJ held that once the Van Gend requirements are met and even if a Directive was conditional, it could still have direct effect against member states, regardless of whether or not the Directive was implemented.12 The main objective was to ensure that the intended outcome of the Directive was accomplished. In Van Duyn, the Directive’s outcome was the elimination of discrimination and in cases of this nature, the intended outcome would be important. This was because, the intended outcome would be compromised if individuals could not enforce it in the national courts.13 With regard to the fictional Directive, although not implemented by the UK, has direct vertical effect against the government based on the rulings in Van Gend and Van Duyn. The UK may only escape liability for the unimplemented Directive if the Directive itself is unclear and conditional. However, the D irective appears to be quite clear on its intention, the member state’s obligations and it is not conditional on the occurrence of an event. The only condition, is that the obligations arise when temperatures fall below 1 degree Celsius. Assuming that the temperatures were below 1 degrees Celsius at the time of the accidents in December 2012, the UK’s obligations to ensure road safety on primary roads and motorways arise. The accidents occurred on the A5 and the M6 and as such fall within the Directive obligations as primary roads and motorways. The Directive clearly sought to prevent the kinds of accidents that occurred. The Directive instructed member states to ensure that primary motorways and roads are kept clear of snow and ice once temperatures drop below 1 degree Celsius. Both accidents occurred on major motorways when temperatures presumably dropped below 1

Social Contraction vs. Ethical Egoism Essay Example | Topics and Well Written Essays - 1500 words

Social Contraction vs. Ethical Egoism - Essay Example This theory also holds that it is alright to be this way; it is rational. However, in the real world, if everybody blindly followed their hearts desires then there would be chaos. To this situation, this theory calls for application of rationality from a different angle. This angle prescribes that people should cooperate with one another and cut down on the purely self serving pursuits. This aspect defines the social contract nature of this theory (Shafer-Landau 188). People will not live life to the fullest, but they will avoid a worse fate of being in constant upheaval with society. What constitutes upheaval? Economists answer this question through the hypothetical prisoner’s dilemma situation. In this situation, two individuals must undertake actions that are not beneficial to the other party. Since it is rational to do the best for ones self, then the individuals both undertake these actions knowing full well that the other party will suffer. In a life time, there are coun tless situations that mirror the conflicts in this hypothetical situation. Maximizing self interest as it turns out is not a worthwhile approach to life. People while be brutal indulging horrid actions just to stay ahead (Shafer-Landau 192). There will be no trust, hope or peace for those with the slightest urge to be â€Å"nice† hence the constant upheaval. ... These persons can range from parents at home to the government. Form this explanation; it is clear that cooperation needs more than one person. As such, this theory describes morality as a social phenomenon (Shafer-Landau 194). In the same way, this theory justifies the existence of moral laws; it justifies breaking these laws. It provides that, in the event, that cooperation fails then there is no need to uphold the moral laws. On the other hand, the theory justifies punishment of the law breakers. From this theory’s strengths, critiques derive dooming weaknesses. A moral theory has the duty to promote doing the right thing. However, this theory entertains the possibility of having a rational wrong for instance when a contract is void. Also, the approach of using rationality to justify action is lacking. As observed by Shafer-Landau (204) if the consequences of an unjust action are not as far reaching as the benefits, then it is rational to act unjustly. Much as, Hobbes tries to define rationality to co-exist with virtue, this is only possible in a world where justice prevails. In the event that the world is in a â€Å"natural state† (Hobbes description of anarchy), then being rational means survival for the fittest. A second theory that tries to define the extents of morality in regard to human behavior is ethical egoism. Ethical egoism describes how humans ought to act. Ethical egoism further asserts that moral duty should rely on doing actions that reflect best self interest. In doing so, one should not avoid actions that help others but is not under any obligation to pursue self interest in regard to the well being of others. Despite this radical stand, ethical egoism clearly states that self interest is not merely pleasure seeking.