Constitutional Law of the EU Essay Example | Topics and Well Written Essays - 2000 words

Constitutional Law of the EU - Essay ExampleIf they fail to do so, the Commission can induct action under the provisions of Article 169 EC. As such, the Member States put up to change their national legislation to accommodate and give effect to Directives2.The Member States have to transpose a Directive into their domestic law. Such incorporation is satisfied if the transposition is done in a clear and precise manner. For instance, if some rights atomic number 18 provided to an individual by a Directive, then subsequent to transposition, that individual should be able to initiate legal action in national courts, duly relying on those rights3.In Plaumann v Commission4, the Commission had restrained the German Government from reducing duty on the import of clementines. The plaintiff, Plaumann, was an importer of clementines. He challenged this decision of the Commission in the ECJ. The mash applied the test of individual concern to this case and examined whether the plaintiff was touch on by the decision. The plaintiff was held to be a member of the class of clementine importers. The accost also examined whether the plaintiff could be differentiated from that class, by virtue of the attributes peculiar to him. It ruled that as Plaumann belonged to that particular class of importers, he was not by the piece affected by the Commissions decision. In addition, the Court opined that anyone was free to become an importer5.In the Greenpeace case, both the Court of First Instance and the ECJ refused to admit the plea of the applicants. The latter, residents of the canary Islands, had requested the Court to annul the decision of the Commission to provide financial aid for the construction of two power plants in these islands. It was held by the CFI and the ECJ that the applicants were not individually concerned. They were residents like any other residents on the Canary Islands, and that their environmental concerns were similar to that of the other residents. Hen ce, both the