Constitutional law of the european union Essay Example | Topics and Well Written Essays - 2500 words - 2

Constitutional law of the european union - Essay Example This effect is obtainable only to the extent of divergence between national law and Community law2. A vertical direct effect enables a party to invoke a Directive against a state for non implementation of a Directive. Horizontal direct effect, involves the invocation of a non implemented Directive against a private entity3. The jurisdiction of the ECJ extends over the actions brought by the ECB and the Court of Auditors, if conditions similar to those stipulated above, are in existence. Moreover, a legal or individual entity, placed in a similar situation, can initiate action to oppose a decision that affects that entity directly and individually4. As such, a Member State commits a serious breach by not implementing a Directive. In Dillenkofer v. Germany, the ECJ ruled that a Member State that failed to adopt measures, which would have realized the aims of a Directive, was guilty of deliberate and serious disregard of EC Law. The victim of such non implementation of a Directive was to be recompensed for the damage sustained by him, provided such loss could be directly attributed to the non implementation5. Plaumann v. Commission related to a decision, which disallowed Germany to reduce import duty on clementines. This decision was challenged by Plaumann, who contended that he was put to considerable loss due to this decision. The ECJ interpreted the test of individual concern to connote, whether Plaumann was harmed by the decision, due to his membership of a group that was affected by this decision or in his individual capacity. This Court opined that Plaumann was merely a member of the class of clementine importers, and that any person could acquire that status. Therefore, his contention was not accepted by the ECJ6. The UK government failed to implement the fictitious Directive 2006/2001, which related to chemical ABC. Fattenem took advantage of this situation and produced this chemical to such an