Law Essay Example | Topics and Well Written Essays - 1750 words - 3

Law - Essay Example 541). It effectively allows individuals to challenge actions by Member States or the EU institutions through the ECJ but obtain an effective remedy from his national court. Article 234 also provides guidance on what national courts should do in the event that an individual seeks to invoke his/her Community rights in order to challenge national law. This is necessary because In most Member States concepts of sovereignty prohibit challenge to the legality of statute or, a fortiori, constitutional law. Furthermore, in most Member States there are lacunae, gaps in the legal protection of individuals, arising from traditional privileges and immunities. Sometimes these limitations are justified, sometimes they are not. (Steiner & Woods, 2003, p. 130) An EC decision is ‘binding in its entirety upon those to which it is addressed’ (Article 249). Italy therefore must implement the decision. Whilst EC decisions are not described as being ‘directly applicable’ they can be ‘directly effective’ (vis-Ã  -vis the State and the individual) provided the criteria for direct effects are satisfied: Grad v Finanzamt Traustein (case 9/70). Therefore Maria will have a remedy against her employer provided it is an ‘organ of the state’ and she can establish her allegations of unfair treatment. (2) Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. (3) Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice. There are a number of points to note from the Article. Only a court or a tribunal may