12/27/2019 0 Comments
Constitutional Law of the European Union - Essay Example A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force.â€1 The directive will only inform the end result of the directive without dictating as to how it should be implemented. Generally a time period is given to the member states to implement the directive by passing necessary legislation. The directive in question is to make it an option available to the purchaser of goods through mail order business to return the goods so purchased within fifteen days without having to assign any reason for doing so and to make it obligatory for the supplier to accept the return and refund the purchase price within 7 days after deducting reasonable expenditure incurred for the supply. The directives are applicable to which ever member state it is addressed to or to all the member states. It is binding on the member state to implement within the time frame given by the council which is called transposing into the national law of the member state failing which it is open for the European commission to initiate legal action against the defaulting member states in the European court of justice, first in the Court of First Instance Decisions, for necessary action depending upon the seriousness and also award damages for the affected individuals. Though originally the directive to be implemented by the member state as it may feel fit, lately 2the law has evolved to make the member state liable for non implementation of the directive. This is Direct Effect
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