EU Law Doctrine of Direct Effect and State Liability

The Doctrine Of Direct Effect And State Liability
The Issue relates to the application of the doctrine of direct effect, and possibly the application of
indirect effect and state liability if require in pursuant of invoking the EU Transfer of Pensions
Directive (TPD) in a UK national court (NC) in light of the UK's national legislation which
evidently fails to completely encompass the directive. Directives are a secondary source of
European Union (EU) legislation which in accordance with Art 288 of the EC: are binding on the
EU Member States (MSs) to which it is addressed; they outlines objectives that need to be achieved;
they is not directly applicable; they instructs the alteration of domestic law so that it complies with
EU policy. Implementation rests in the jurisdiction of MSs, nonetheless directives must be
established by a specified deadline as a failure to can be a breach, and MSs can be held to account
before the European Court of Justice (CJEU).
Alfredo
For Directive (TPD) to be relied upon before UK court Alfredo must show that it is directly
effective. The doctrine of Direct Effect was originally established by the CJEU in Van Gend en Loos
. When an EU provision is directly effective it confers invokable obligations and rights on
individuals. This occurs when the following limited conditions are established: the terms must clear,
precise, and unconditional and not be reliant of further legal measures .
It is questionable as to whether or not the TPD is clear and precise, but in accordance with
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Advanced Directive Essay
Tennessee law on advanced directives is a document that tells your family, friends, and doctors on
how you want to be treated in an emergency. Advance directive can be a document or a living will in
which you state the plan of care when you are no longer able to communicate treatment choices or
decision. Advance directives is not only for the elderly but it can be at any age even if you are not
sick at the time of the document. This document list the details of treatment that you want
implemented if a serious incident was to happen. It would tell what interventions should be used in
your care. Some of the choices would include a full status code where the patient wants CPR or a do
not resistant code can be used for treatment. The client can also have the option of limited
interventions with each code status. It would include artificial ventilation or artificial feeding and
any type of tubes associated with your treatment. The client can also be specific if he or she wants
just medical treatment only including the use of drug therapy. In this paper, we will look at
Tennessee law and various ... Show more content on Helpwriting.net ...
Every person except one did not know what an advanced directive states. The only interview that
knew what I was asking was because they had just lost a loved one and their family was going
through the situation. There were five children in the family. They had two children as execrator of
the will and one child as a healthcare power of attorney. Before the death, the client states to have a
full code with no artificial nutrient or ventilation. They only sought out partial interventions which
made their status a code C. During this time the patient coded, and the wishes the client states stood
strong. Therefore, it is so important to have an advance directive on file or with the next of kin. You
never know when this time will happen but you can be proactive, and be prepared for any situation
to

Essay On Advanced Directives
"The final moments of one's life are difficult for everyone involved–the patient, loved ones, and
even the healthcare provider" (Klein, 2005). If a patient's final wishes regarding his/her care are
undefined or not clear, then the situation could be worse or uncomfortable. During what should be a
time of caring, mourning and supporting one another can quickly become overshadowed by ethical
and legal battles. However, this can be prevented and avoided by the execution of advanced
directives. "It is estimated that 75 percent of Americans have never taken the time to discuss their
wishes or provided any written guidance to loved ones or health care providers in the event the
patient is unable to speak for themselves" (Kottkamp, 2013). This is why patients should decide on
having an advanced directive. Advanced directives exits to "encourage and empower patients to be
ready for the unexpected, to provide the gift of guidance to their loved ones, and, ultimately, to be
sure that patients get the care they want and need if they are ever unable to speak for themselves"
(Kottkamp, 2013). Advanced directives are recognized in all 50 ... Show more content on
Helpwriting.net ...
At any time a person can become incapacitated and unable to speak for themselves. "Cases come
before the ethics committees around the country every day because people do not have advance
directives in place, even though there was plenty of time and good reasons to engage in advance
care planning" (Kottkamp, 2013). In many cases, the lack of advance care planning leads to a
tragedy: families dealing not only with the grief of loved ones who are suddenly unable to
communicate– and often near death– but also the heart break of trying to figure out who should
make healthcare decisions and what those decisions should be (Kottkamp,2013). In most of these
cases, this uncertainty could have been prevented with the simple act of executing an advance

Advanced Directives
Advanced Directives Death is in a sense inevitable, we can't escape from it. In today's day in age,
we are living longer than our parents and our grandparents due to medical technology. But there are
so many ethical issues and complications that go hand and hand with death. There are two forms of
death, cardiac and brain–oriented. Determining these two forms of death, along with the determined
time of death is vital, simply because we don't want to treat a living person as if they were dead.
With so many issues concerning death, we have to protect those who are on the brink of death or
terminally ill and can't speak for themselves, but allowing them to make preparations for the future.
Advanced directives makes this possible, ... Show more content on Helpwriting.net ...
This declaration reflects my firm, informed, and settled commitment to refuse life–sustaining
medical care and treatment under the circumstances that are indicated below.
This declaration and the following directions are an expression of my legal right to refuse medical
care and treatment. I expect and trust the above–mentioned parties to regard them as legally and
morally bound to act in accordance with my wishes, desires, and preferences. The above–mentioned
parties should therefore be free from any legal liabilities for having followed this declaration and the
directions that it contains.
(Body) Wishes his Living Will Declaration expresses my firm wishes, desires, and preferences and
the fact that I may have executed a form specified by the law of the State of _____________, may
not be used a limiting or contradicting this Living Will Declaration, which is an expression of both
my common law and constitutional rights.
I make this Living Will Declaration the _______ day of __________, 20____.
Patient Signature
Witness 1 Signature
Witness 2 Signature
Notary by State and Signature of Notary Public
References
Medline Plus, Trusted Health Information for You. Advanced Directives. Retrieved from:
http://www.nlm.nih.gov/medlineplus/advancedirectives.html
Advanced directives by state. Mississippi: Retrieved from http://www.noah–
health.org/en/rights/endoflife/adforms.html.

The Us And Eu Have Differing Electronic Privacy Laws
Countries of the global economy conduct interlocked business among others, and they do it on
scales massive enough to create co–dependencies in so many different ways. It's a small world that's
too big to fail, and the internet is making it even smaller. The transatlantic (across the Atlantic
Ocean) economy, functioning only in the most ideal way, is to help create mutual job growth and
increased productivity between the US and Europe. Now the very substantial digital aspect of this
economic relationship has been compromised by a recent and serious disagreement. Many articles
have already reported the Court Justice of the European Union's (or CJEU, it's the highest court of
the European Union) ruling to discard the US–EU "Safe Harbor" process (I use the article by "PC
world," bibliography below). In order to understand the significance of "Safe Harbor," the incentives
for its development have to be examined first.
The US and EU have differing electronic privacy laws. The US mostly leaves privacy matters up the
its states in a "sectoral" fashion and, with the exception of some laws adopted when circumstances
required it (Video Privacy Protection Act of 1988, the Cable Television Protection and Competition
Act of 1992, the Telecom Act of 1996, etc), e–privacy legislation is lax compared to the EU, and
doesn't have an overreaching law. The EU has an overreaching law officially titled the "Directive
95/46/EC on the protection of individuals with regard to the processing

The European Union Law
Introduction
The European Union Law is a set of rules, regulations and directives which creates the direct and the
indirect effects, that effect on Member States (MS) of the EU. The different sources of law serve the
existence of The EU and explain how the law apply. The primary source of law that formed from the
treaties between the members at the establishment of the union was mainly created to bind all the
states together, moreover The International Agreements between them, while directives and
regulations from the secondary source of law that should be imposed by the MS. In The Court of
Justice of The European Union (CJEU), in which Judges are the main legislative authority in setting
precedents and rules when it comes to matters like Direct Effect. Direct effect is the concept of The
EU, in which appears in the national courts of MS . Directives are the only vertical effect, they are
the instructions to MS and this grantee to individuals the right to claim against any failing to
transpose a community legislation correctly , also it provide individuals with a valid defence to any
action brought by a public authority of a domestic law. Lenz and Jacobs stood against the idea that
Directives should only be affective vertically only and they believed that Horizontal should be
allowed, because it maybe led to more coherent EU legal effect on domestic laws .
Direct Effect
Direct Effect is defined as the principle under EU law which enable individuals to claim for their
rights

The Case Law On Horizontal Direct Effect Of Directives
The CJEU case–law on horizontal direct effect of directives arguably lacks consistency in regards to
the application of the general principle. The principle of direct effect was established in Van Gend
en Loos v. Nederlandse Administratie der Belastingen. Although there is no set definition of direct
effect, a broader definition was provided in Van Gend en Loos that it "can be expressed as the
capacity of a provision of EU law to be invoked before a national court." However, Van Dyun v.
Home Office established that directives are capable of direct effect. Furthermore, Marshall v.
Southampton established that there could only be vertical direct effect of directives. This stringent
principle has arguable ignited the highly contested debate of whether or not horizontal direct effect
is applicable to directives or if directives could only have vertical direct effect. However, this essay
shall explore the lack of consistency in case–law regarding horizontal direct effect of directives.
Firstly, this paper will delve into the case–law of the topic of horizontal direct effect of directives in
efforts to try to highlight its consistency in its approach. Secondly, the paper will use case law and
the opinion of academics (enter the name of the academics later) to highlight its inconsistencies
using the legal mechanisms that have been introduced by the Courts to try to compensate for the
lack of horizontal direct effect of directives. Namely, indirect effect, incidental horizontal

Directive Leadership
Directive leadership– With this type of leadership a leader must explain the tasks and goals to the
followers. This style is mostly seen when a leader is dealing with a complex situation, or with
inexperienced members.
Supportive leadership– In this type of leadership a leader must be courteous and friendly towards
followers, the leader must show sensitivity towards the followers needs. When a follower is dealing
with a repetitive task or stressful situation, this style of leadership is the best a leader can show.
Participative leadership– With this leadership leaders, focus on participation. They tend to consider
the followers ideas, before making decisions. This style of leadership works best when followers
want to give their inputs when situations are complex, or when a task is challenging. ... Show more
content on Helpwriting.net ...
When a leader deal with certain situations such as, unmotivated followers, and unchallenged work, a
leader will set challenges to the followers, yet the leader will also provide support and tips of
improvements, which will lead to the team's success.
There are two type if follower's behavior those are, satisfaction of followers, and followers'
perception of their own abilities. When it comes to followers' satisfaction, followers will support
their leader as long as the leader's actions serve as a way of increasing their own levels of
satisfaction. However, leaders are not the only source that can increase satisfaction, followers
characteristics also depend on their satisfaction. Characteristics play a role in path–goal theory along
with behaviors, since they are important in determining outcomes.
Directive leadership, supportive leadership, participative leadership, and achievement–oriented
leadership are the four types of leader behaviors that are part of the path–goal theory. With path–
goal theory depending on the followers and the situation, leader's behaviors

Advance Directives Reflection
Advance Directives Reflection As a student nurse, we are taught that we are to advocate for our
patients and their needs. At first, it would seem to be a simple task. However, I have learned that not
all cases are easy to advocate for your patient. In regards to advance directives, I have learned that it
can be difficult to manage your patient's wishes as well as their families and the conflicts that could
arise from disagreements about the treatment or healthcare. I feel that being a nurse means not only
to advocate for their patient, but to also help their family understand their loved one's decision. I
have had the privilege to watch a very good nurse handle such a case while sitting in a hospital
waiting room awaiting my sister's chemo treatment. The nurse was in a situation where the wife did
not want to receive her ... Show more content on Helpwriting.net ...
The nurse noted that both parties were stressed and in disagreement so she inquires to the wife as to
why she does not want to receive chemo treatment any longer. The nurse addresses the patient's
concerns and it is revealed that the side effects of the chemo treatment is deterring the patient's
willingness to continue with any further treatments. In addressing the new situation, the nurse offers
to contact the doctor to see if she could be switched to a different chemo plan or to possibly change
the medication that is meant to deal with the side effects of chemo. The wife is happy to discuss
more options with the doctor and the husband learned that the issue was not the cancer but the side
effects of chemo that was bothering his wife. The nurse follows up on the new situation, calls the
doctor, and discussions begin regarding the patient's new options. Throughout the whole process, the
nurse was the epitome of listening skills, addressing patient / family concerns, offering support and
following up on new information learned about the patient. The nurse was involved in her patients
care with full

Importance of Advance Directives
The Importance of Advance Directives Tara J. DiDonato Axia College of University of Phoenix The
Importance of Advance Directives While most people do not speak about end of life issues either
because of their background or religion, it is not only for the elderly, we should all make our wishes
known. According to the Pew Research Center, (January 2006), "42% of Americans have had a
friend or relative suffer from a terminal illness or coma in the last five years and for a majority of
these people , the issue of withholding life sustaining treatment came up". Although many people
feel it is taboo, all adults over the age of 18 should think about what their healthcare wishes would
be if they could not speak for themselves. These ... Show more content on Helpwriting.net ...
5. Palliative Care is comfort that is provided when death is imminent. This type of care includes pain
medication and oxygen. Although these are just some types of situations that may arise, there are
areas which are more difficult to plan for but being vocal about our wishes will help our loved ones
if the time comes when a decision needs to be made. High–profile cases in the news. There have
been numerous cases in the media regarding people who have fallen ill and did not have an advance
directive in place. In cases such as these the decision falls on the patients family members. At times
family members do not agree and courts need to get involved to decide what medical treatment is
appropriate. Terry Schiavo, Husband vs. Parents. One of the most famous cases in recent years is the
case of Terri Schiavo. According to Yates, Jr. (2005), about 17 years ago Terri Schiavo's heart
stopped. Her brain was deprived of oxygen for an unknown length of time. This lack of oxygen
resulted in permanent brain damage. Terri was able to breathe on her own; she received artificial
nutrition and hydration, along with routine medical care and rehabilitation. Yates, Jr. (2005) stated,
"Perhaps the most important issues concerning medical decision making was that no one knew
exactly what Terri Schiavo wanted to have done on her behalf" (¶ 4). Since she did not have her
wishes documented, her surviving spouse became her spokesperson.

Non Directive Therapy
Hello Everyone,
I found this chapter to be very informative and another good resource for learning about the
different types of play therapy. First, it discussed the directive approach, the toys/materials, and then
the skills. It also had a great section for cultural sensitivity, which is very important in all types of
therapy. I think both directive and non–directive have pros and cons. Additionally, it is very
important to use non–directive first to see were the client is coming from. This is how I start my
other forms of therapy as well by using a client–center approach first than gradually moving towards
becoming more directive if needed. It is also important based on why the client is being brought in
for play therapy. Play therapy is the systematic use of a theoretical model to establish an
interpersonal process in which play therapists use the therapeutic powers of play to help clients
prevent or resolve psychosocial difficulties and achieve optimal growth (Kottman, 2011). This is
done by using directive or non–directive play. Both types of play therapy are important and I will
discuss this below. ... Show more content on Helpwriting.net ...
This is something that is important for play therapy because it teaches children what the boundaries
are and what they can be responsible for even if it is just a little structure it can go a long way. In
directive play we select the toys and the activities that will occur in the session. Some major benefits
are allowing the child to have more direction and the opportunity to explain to you what happened
verbally if possible. Also, some children may feel safe with structure or may be used to having some

Advanced Care Planning And Advance Directive Completion
Template Initial Steps for an Evidence–Based Project Project Title: Advanced Care Planning and
Advance Directive Completion in the Primary Care Setting Student Name: Christina M. Young 1.
Introduction: (25 to 50 words) Advanced care planning is critical element in the therapeutic alliance
between healthcare team and patient in providing adequate patient–centered care, with the patient a
more willing collaborator. This process provides patient, family, and caregiver with realistic
expectations about result of treatment and prudent preparation for possible outcomes. Effective
advance care planning has been shown to increase satisfaction with care, lower moral distress, lead
to healthier bereavement after death, provide timely ... Show more content on Helpwriting.net ...
4. Background and Significance: (50 to 100 words) The Federal Patient Self–Determination Act
(PSDA) of 1991 first brought attention to the importance of advance directives (GAPNA, n.d.).
Although regulatory bodies continue to promote advance directives, little has been done to
encourage and enforce this initiative, highlighting the need for directed efforts to improve AD
completion rates. The overall prevalence of completed advance directives in the United has been
estimated that 5–15% (Tung & North, 2009). This indicates a need for programs to educate and
empower patients and providers to ensure that dialogue about advanced care planning is initiated
early on, and that advance directives are completed. Studies have shown that patients prefer that
their primary care doctor initiate such planning while they are in good health and that such planning
should occur earlier than it did in terms of age, natural history of disease, and patient–physician
relationship. The barriers to advance care planning that have been identified include availability of
trained staff, organizational commitment and policy to support advance care planning, and
understanding/support of providers (Ramsaroop, Reid, & Adelman, 2007). 5. PICOt

Advance Directives
Advance Directives are our wishes when we are at end of life stages of life that give specific
direction of how, who, and when to treat us in our final days and hours. We can have documents
drawn up to say what we want in the event we are in a state where we cannot voice our wishes
aloud. These documents have legal and ethical basis, and they should be followed unless the legally
or ethically unable to do so. Advance Directives gives a documented guide to the care giver's or
family member's, so that they all can provide the kind of care that the medically impaired patient
wants. This covers a wide variety of medical treatments such as dialisis, ventilators, feeding tubes
and organ and or tissue transplants. If a patient has kidney ... Show more content on Helpwriting.net
...
I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will
result in my death within a relatively short time, (2) I become unconscious and, to a reasonable
degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of
treatment would outweigh the expected benefits, OR [_KB__] (b) Choice to Prolong Life. I want my
life to be prolonged as long as possible within the limits of generally accepted health care standards.
(2) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for
alleviation of pain or discomfort should be provided at all times even if it hastens my death:
____________KB______________________________________________ _____________
____________________________________________________________ ___________
____________________________________________________________ ___________. (3)
OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write
your own, or if you wish to add to the instructions you have given above, you may do so here.) I
direct that: ____________________________________________________________ ___________
____________________________________________________________ ___________
____________________________________________________________ ___________ (4)
PRIMARY PHYSICIAN – (OPTIONAL).

Action Against The Government Of Italy
Francovich brought action against the government of Italy for failing to implement the Directive
80/987, that required the protection of employees in the event of their employer's insolvency.
Francovich and other applicants were owed wages by their employers who became bankrupt. Since
they could not sue their employers (because that would involve horizontal effect which is not
possible with a Directive) they sued the Government of Italy which had failed to apply the Directive
that aimed to create institutions for compensating employees. In the first claim the European Court
found that the Directive lacked of direct effect. However, EU Law would be enfeebled if citizens
could not acquire remedy when their rights were breached by a state failing to comply with the EU
Law obligations. Eventually, the Court of Justice in the second claim, decided based on the Article 5
EC that Italy failed to satisfy its Treaty obligations. So, Francovich set the three conditions under
which an individual who suffered a detriment could bring proceedings directly against the member
state. The first condition is that the outcome prescribed by the directive involves the grant of rights
to individuals, the second condition is that it is essential to identify the content of those rights from
the directive and lastly the third condition is that there must be a causal link between the Member
State's negligence and the detriment suffered by the individual.
Nonetheless, the principle of state

Technical Directive Coordinators
Technical directive coordinators in military air combat commands have incessantly wondered
whether their technical directive processing and implementation could ever be organized
proficiently. Because technical directive coordination and implementation is arguably the most task
saturated program to manage; this research paper through quantitative analysis, analyzed the
correlation between technical directive processing and flight operations in air command Helicopter
Marine Light Attack squadron 469 over a 24 months period. Helicopter Marine Light Attack
squadron 469 is one of many air combat element commands in the United States armed forces.
Similar research was reviewed and a multivariate regression model was developed to observe the
relationship ... Show more content on Helpwriting.net ...
Several functions are required within the organization that ensures a high level of combat readiness,
technical directives being one of them. The unit commanders' mission is the continuous training of
Marines in basic ground combat fighting, piloting, and aircraft maintenance. Chang and Wang
(2010) state that if senior civil aviation leadership focus on factors related to aircraft maintenance,
they can drastically reduce human errors and cost (Chang & Wang, 2010, pp. 56–62). Helicopter
Marine Light Attack squadron 469 maintenance department is comprised of 293 personnel on
average with different skill sets responsible for the day to day operations and requires intimate
involvement by senior leadership to succeed. The purpose of this research is to understand the
relationship between the human factor of technical directive processing and flight training within the
helicopter command using a multivariate quantitative analysis model. Chang et al, (2010) the
coordinated efforts of all personnel within an aviation maintenance evolution are important for
safety but cannot guarantee zero risk (Chang et al,

Private Term : Written Case
Private Term: Written Case – Advance Health Directive Patients with severe illness can deteriorate,
become physically or mentally impaired and be unable to make or communicate healthcare
decisions. Modern healthcare can prolong life, but this may result in prolonged pain and suffering or
reduced quality of life. Moreover, some patients, due to experience, religious views, cultural views
or advice from family and friends, may want to deny some future treatments that they receive or
request for others. In such situations, the Advance Health Directive (AHD) document can come into
effect and be used by patients to express their healthcare directions.(1) An AHD is a legal document,
which is a form of living will, in which a patient can ... Show more content on Helpwriting.net ...
He repeatedly told his wife that he felt dizzy and that he felt as though he was going to die, but was
dismissed nonchalantly. At 1AM, he eventually called his doctor and drove himself to the hospital.
He was lucky that the nurse was told that he was coming and saw him collapse outside the hospital.
He was diagnosed with a pulmonary embolism and was unconscious for several days in the
Townsville intensive care and coronary care units. He felt fortunate that the doctors were able to
dissolve the blood clot without it breaking up and causing intracranial haemorrhage or other
potentially catastrophic bleeding complications., He maintains that should he have ended up in a
vegetative state, he would have preferred if his life support machines were turned off. He argued
that patients had a right to self–determination and that the doctor's role was to assist patients and not
determine their fates. He also argued that if he had his way, he would "ask for a needle" or assisted
suicide or for the doctor to turn off life–support machine, unless he could be resuscitated normally.
He did not want to be hindrance to anyone. He supported his half–sister, who lived in Holland. She
had requested and received euthanasia to end her battle with her terminal cancer. He argued that the
right to death was tantamount to the right to life. Such unconventional views would not have
permeated into his care, given that he had not completed an AHD. An AHD can bridge the gap

Gender Directive Legislation
The ban on gender calculations and insurance premiums Insurers were forbidden from calculating
policyholders' car insurance premiums based on gender from December 22nd 2012. Over a year has
passed since that time, and the market has had time to readjust. The fact remains that male drivers
are more likely to make a claim on their insurance, and are more likely to have a personal injury
claim or other road traffic accident claim made against them. There are approximately twice as
many road accidents involving men under the age of 24 than women in this age group, and
collisions involving men are more likely to lead to serious injury and death than those involving
women. So what has happened to each gender's premiums since the gender directive legislation? ...
Show more content on Helpwriting.net ...
Accordingly, while a young woman may find that she is paying slightly more for her insurance;
many young women will be paying the same or slightly less. Some of the factors that are reducing
premiums in the car insurance market include the government taking a firm line on whiplash injury
claims and attempting to reduce the number of exaggerated and fraudulent claims, and an increasing
level of competition within the sector. The AA recently revealed that insurers are instead using
factors other than gender to provide premiums for their customers. Insurers are analysing the
correlation between a range of different characteristics and the likelihood of policyholders being
liable in personal injury claims and motor vehicle accident claims – such as age, occupation, type of
vehicle, experience and postcode – to determine the premiums each customer should be offered.
Young drivers are at particular risk of high premiums, the AA said, noting: – These drivers do not
have a no–claims

Patients Rights Directive
As stated in a previous work, "the patients' rights directive is a comprehensible condensate of the
rights allocated to EU citizens when soliciting health care services across borders" (Casse, M, 2015).
It entered into force on the 24th April 2011 and had to be transposed by all member states by the
25th of October 2013 (eur–lex). The aim of the directive was to simplify and clarify patients' rights
crossing–border for health care. It is organised on several major points. Concerning the duties of
Member states, they are required to improve cooperation in the field of health care cooperation and
reimbursement. To support it, "European reference networks" on professionals to consult. Then, it
should enforce "the recognition of medical prescriptions",

Medical Legal Directives
Advance Directives–research and discuss the legal and ethical basis for Advance Directives such as
the Living Will and Durable Power of Attorney for Healthcare. Why are these documents so
valuable in healthcare situations? What legal authority do these documents provide for decision
making by family and/or healthcare providers? Briefly discuss a situation in which a Living Will
might apply and would be of benefit to those involved. Once you have researched and discussed
Advance Directives, draft a sample Living Will, indicating the type of content that should be found
in such a document. Some students take this opportunity to prepare their own actual Living Will,
and that certainly is encouraged.
What Are Advance Directives?
Advance ... Show more content on Helpwriting.net ...
It also obliges health care providers in each state to notify patients of that state's policy regarding
advance directives and on the individual's right to make either instructional directives (living wills)
or proxy directives (nominating an agent with durable power of attorney for health care) relating to
possible future medical treatment (Kessel & Meran, 1998). The Patient Self–Determination Act also
encourages patients to prepare advance directives.
Ethical Basis
Over the last several decades there have been dramatic developments in Western medical ethics. The
form of bioethics now widely adhered to in the United States is 'principlism', an approach originally
advocated by the American philosophers Beauchamp and Childress. Principlism argues that in
medico–ethical dilemmas, including end of life healthcare situations, ethical principles must be
applied (Kessel & Meran, 1998). The following ethical principles are related to advance directives:
respect for autonomy (self–determination), non–maleficence (not inflicting harm), beneficence
(doing good), and justice (some concept of fairness) (Kessel & Meran, 1998). The leading principle,
Autonomy, is the fundamental standard that safeguards a patient the liberty to choose and to govern
what happens to their person, in so far as those choices do not harm others. "Autonomy implies that
people have an inherent right to make treatment decisions and should be active participants in their
own care." (Kessel

Defining The Area Of Intellectual Property Law That...
The term of 'copyright' used to describe the area of intellectual property law that regulates
copyrighted work such as book, songs, films and computer programs. This is governed by
Copyright, Designs, and Patents Act 1998 (CDPA). Sec 1 of CDPA give the creator right to protect
over literary, artistic, musical and dramatic work as well as film, sound recordings and typographical
arrangements. This concept expressed in Art 2 of TRIPS that it protects the expression of an idea.
However, when an idea could only be expressed in one particular way, it won't t be protected
because it would monopolise the idea.
As to general rule, infringement requires "substantial part" of work to be copied that refers to
quality, not quantity. It should be ... Show more content on Helpwriting.net ...
The recent exemptions as of 1 October 2014, intended for personal copies for private use and also
quotation and parody. These changes arose by Gowers Review 2006 and the Hargreaves Review
2011. The reasoning was to make it fit for purpose in digital age, deliver economic growth, and
confer greater freedom for certain bodies. However, this changes is likely to affect businesses,
publisher, individual and institutions who deal in copyright works.
A landmark case on private use exemption can refer in Basca and others v Secretary of State for
Business Innovation & Skills. This case significance to Section 28B of CDPA, any person who
legitimately acquired content (music, film and books) could copy the work for private use and could
storage onto other format without infringing. Here, a number of music industry bodies sought a
judicial review on the basis that Section 28B failed to provide a fair compensation to right holders.
Article 5(2)(b) of InfoSoc Directive permits member states to came up with private copy exception
if the copy for private use caused no more than minimal harm to copyright holders, otherwise
compensation would be payable. In UK, government create an exception which caused zero or
minimal harm to right holders and implemented a narrow concept which is only for purchaser, thus
copying by family, friends or within a social circle is not permitted. The value of copying in the
exception built into the initial price of content by

International Union And The European Parliament Adopted...
"A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it
is up to the individual countries to decide how. This was the case with the working time directive,
which stipulates that too much overtime work is illegal." http://europa.eu/eu–law/decision–
making/legal–acts/index_en.htm
In Rochelle's case the European Union and the European Parliament adopted Directive 2012/507
(The Off–Premises Sales Contract Directive), Rochelle may seek to rely on Article 3 (subsection 1)
of Directive 2012/507 that 'member states shall ensure that customers have a period of 14 days to
withdraw from an off–premise sales contract and return unused purchased goods. Such consumers
have a right to a full refund of ... Show more content on Helpwriting.net ...
Direct applicability is the 'capacity of E.U. law to immediately form part of national law of Member
States without a need for any further implementation'.
Directives do not automatically form a part of English law, and therefore Rochelle needs to rely on
the doctrine of direct effect if she is to succeed with this Directive. Direct effect applies in principle,
to all binding EU law. Broadly the doctrine is 'provisions of binding EU law which are sufficiently
clear, precise, and unconditional to be justiciable can be invoked and relied on by individuals, before
national courts', however such definitions are disputed. (Page 180 – 181 EU LAW text cases and
materials 5th edition – Paul Craig)
Van Gend Loos established the doctrine of direct effect; this case involved two conflicting laws
between a Dutch customs law (national law) and Article 30 of the TFEU. The Government argued
that Article 30 conferred rights and obligations between states, and were not enforceable at the suit
of individuals i.e. the company Van Gend en Loos. In addition it was claimed that the treaty
provided enforcement procedures under Articles 258 and 259 of the TFEU. In Advocate General
Romer's opinion, Art.30 TFEU was 'too complex to be enforced by national courts'.
Notwithstanding this, the article was held directly effective by the Court of Justice, it was stated that
EU law 'imposes obligations upon individuals, but also confers on them legal rights'. The courts saw
the doctrine of

The Long Term Employment Act 2013
Introduction
The claimant is in perusal of gaining compensation she believes to be rightfully owed, due to work
related injuries caused at their place of employment, at the University of Northern Ireland, when a
box of exam papers fell on top of the claimant.
Directive 444 cites that individuals 'must' be compensated, as a long term employee, which the
Directive defines as working more than 4 years with the current employer, for any and all reasonable
injury related medical expenses for at least one year following the date of their injury. This provision
would mean that the client is entitled to at least £2,400 up until May 2015, as their current medical
expenses per month are £200 for medication and physiotherapy.
Under UK ... Show more content on Helpwriting.net ...
The EU is an autonomous legal order, and its survival is dependent on the principle of supremacy.
An effective, coherent system is essential for uniformity. The principle cites that when national and
EU conflicts, EU law is supreme.
Direct Effect
A cause of action the claimant could use to exercise their rights could be direct effect. Direct effect
is noted to have two interpretations, broad and narrow. The former states that it is a capacity of a
provision of European law which can be invoked before national courts. The latter cites it to be a
capacity of a provision of EU law which sees it confer rights unto individuals. [1] The first and
leading case in which the doctrine of direct effect was established is Case 26/62 Van Gend en Loos.
[2] It is possible the claimant could firmly rely on direct effect of this non–directly applicable form
of EU law, outside regulations and treaty articles, as confirmed by Case 9/70 Grad, [3][4] and
further confirmed in Case 41/74 Van Duyn v Home Office [5] which cited that directives could give
rise to direct effect, providing they satisfied a certain criteria. The initial criteria directives had fulfil
so to have direct effect were established in the Case 26/62Van Gend en

Directive Principles of State Policy
DIRECTIVE PRINCIPLES OF STATE POLICY
Q. 1. What are the Directive Principles of State Policy ?
Ans. The Directive Principles of State Policy are those moral principles which are fundamental in
the governance of the country. They are the instruments of instructions for the guidance of the
rulers, both at the. Centre and the State levels, for the establishment of a just ond egalitarian society
in India.
Q. 2. What is the aim of Directive Principles of State Policy ?
Ans. Their aim is to establish a welfare state in our country.
Q. 3. From which country have we borrowed these Directive Principles of State Policy? Ans. We
have borrowed these Directive Principles from Ireland which itself had borrowed them from the
Republican Constitution ... Show more content on Helpwriting.net ...
(ii) Article 38 says "The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may, a social order in which justice, social, economic and political,
shall inform all the institutions of the national life." and strive in particular, to minimise the
inequalities in income and endeavour to "eliminate in equalities in status, facilities and
opportunities". (iii) Article 39 says "The State shall, in particular, direct its policy towards securing
(a) That the citizens, men and women equally, have the right to an adequate means of livelihood. (b)
That the ownership and control of the material resources of the community are so distributed as best
to sub serve the common good. (c) That the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment. (d) That there is equal
pay for equal work for both men and women. (e) That the health and strength of workers, men and
women, and the tender age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength.
That childhood and youth are protected against exploitation and against moral and material
abandonment. (iv) Article 40 lays down that "The

Key Regulatory Challenge For The Pharmaceutical Sector
Full name:
NUID number:
Husky e–mail:
Start term in the program:
The number of credits completed prior to the Spring 2014 term (this includes Winter 2014 course):
GPA (as of the start of the Summer 2014 term):
Essay:
1. What is a key regulatory challenge in your home country?
The key regulatory challenge for the Pharmaceutical sector (for Marketing Authorisation holders
and Sponsors of clinical trials) in European Union is the new European Union Pharmacovigilance
legislation to submit the information on Individual Case Safety Reports (ICSRs) related to medicinal
products authorised in the European Union (EU) and investigational medicinal products (IMPs)
studied in clinical trials authorised in the EU ... Show more content on Helpwriting.net ...
To ensure accurate updated information, EMA develop constantly new legislation.
In 2012, it became mandatory for Marketing Authorization Holders (MAHs) which maintain
products in the European Union, whether centralized, decentralized, Mutual recognition or national
to provide detailed structure data within 15 days for all human medicinal authorized products to
Extended EudraVigilance Medicinal Product Dictionary (xEVMPD).
The latest changes in the Pharmacovigilance regulation issued on January 31, 2014 with the legal
notice on the implementation of article 57(2) of Regulation (EC) No. 726/2004. MAH's should
submit the updated information of Authorised product by 31st December, 2014.
MAHs shall electronically notify to the Agency information or any amendments to the terms of the
marketing authorizations following variation, transfer, renewal, suspension, revocation or

withdrawal no later than 30 calendar days from the date of which the amendments have been
authorized. Moreover, more

Horizontal Direct Effect Essay
There are two types of direct effect: horizontal and vertical. Horizontal direct effect is between
private individuals, where 'if a provision of EU law has horizontal direct effect it can be enforced by
an individual in a national court' . Indirect effect is that where 'obligation on national courts to
interpret national law consistently with EU law'. It may be used where the directive is incapable of
horizontal direct effect. State liability can overcome the limitations of direct and indirect effect, it
'provides a right to damages where a Member State has breached EU law, causing loss to the
applicant.'
The question of whether Treaty articles could be invoked by horizontal direct effect was addressed
in Defrenne v Sabena. Ms Defrenne sued on grounds of Article ... Show more content on
Helpwriting.net ...
By involving the State in the process encourages them to make sure that laws are implemented to
reduce claims and damage actions, which will in turn reduce financial burden on their budget. This
principle was established in Francovich and Bonifaci v Republic of Italy . In this case Italy had not
enforced Directive 80/987 hence applicants owed unpaid wages sought to rely on this Directive to
receive compensation. The Court of Justice held that the relevant provisions were insufficient to be
directly effective, nonetheless the full effectiveness of EU law would be reduced if individuals were
unable to have redress when their rights were infringed by the state's breach of EU law. Under
article 5 EC, now Article 4 TEU, Member States must take all appropriate measures to fulfil their
EU law obligations. "Member States are obliged to make good loss and damage caused to
individuals by breaches of Community law for which they can be held

The Application Of Direct Effect
This question concerns the application of direct effect to the facts in question. In particular, Fergie
requires advice on whether or not he can rely on Directive 15/2012 and enforce his EU law rights in
the national court. Fergie takes legal proceedings against Charlston Council to claim compensation
for his injury.
The council seems to have complied with the domestic law which stipulate only that, the caterers
has a duty to eliminate unhealthy food. The Act is silent on genetically modified food. The act also
does not stipulate the percentage limit of the production of genetically modified food. Charlston
Council is therefore not in breach of the national provisions. The directive, however, sets out more
stringent provisions in relation ... Show more content on Helpwriting.net ...
In addition, directives can only be vertically directly effective: that is, they can only be enforced
against a state or a public authority (Marshall)
In this case, the conditions seem to be met. The Directive is clear and precise as well as
unconditional. It sets out the limit percentage of the production of genetically modified food, 2%, if
it is more than 2%, member states has to take all the necessary measures to eliminate it. The
Directive is not too vague. There is no evidence to suggest any conditions are attached to these
rights or that they are in any way ambiguous. The implementation deadline has clearly passed.
Fergie's claim is against the Charlston Council which is clearly an organ of the state. This is not
affected by the fact that in this case, it acts in the capacity of an employer (Marshall). Fergie's claim
is therefore vertical and he can rely on the Directive and the more generous rights within it in
preference to the more limited provisions of the national acts.
If Fergie is not employed by a state body or public body, the answer would be different as there
would be no direct effect, he cannot rely on Directive. The conditions for direct effect are not met.
While the conditions relating to clarity and precision as well as the passing of the implementation
deadline are the same as mentioned above and are thus not reiterated here, the requirement that there
exists a vertical relationship between

Understanding Eu Mdr And Ivdr. European Union Is One Of
UNDERSTANDING EU MDR AND IVDR
European Union is one of the important world markets for Medical Device. Current European Union
legislation for regulating medical device was harmonized in 1990s. Basic aim of these legislations
was to promote high level of protection for human health, also good functioning of market–Thus
ensuring safety and performance of medical devices (Regulatory Framework, 2017). These
regulations consisted of three directives:
Council directive 90/385/EEC on active implantable medical devices (AIMDD) (1990)
Council directive 93/42/EEC on medical devices (MDD) (1993)
Council directive 98/79/EC on in vitro diagnostic medical devices (IVDMD) (1998)
On 26th September 2012, the proposal for the new regulations of ... Show more content on
Helpwriting.net ...
the definitions of medical device and in vitro diagnostic device under new regulations will include
device which are not directly indented for medical use e.g. implants for aesthetic purpose, software
used for medical device working, also some high–risk device for single use purpose. May include
devices used for prediction of disease or health condition.
Qualified person identification: This rule will mandate manufacturer to have at least one person in
the organization responsible for regulatory compliance in all aspects. They must document the
responsibilities of the qualified individual related to required tasks. The person is required to be
skilled and experienced.
Unique device identification requirement: The MDR mandates the requirement of use of Unique
Device Identifier (UDI) to authorize tracing of the device through supply chain, to expedite the
immediate and efficient product recall that are found to have high patient risk.
Providing exact or strict clinical evidence: The MDR command the manufacturer to conduct clinical
studies to support pre–market applications for the risk of the device and provide safety and
performance evidence. They must retain and compile post–marketing data to estimate potential
safety risks. This also includes expanded use of European databank on

Army Directive Essay
SUBJECT: Implementation of Army Directive 2012–16 Changes to Army Policy for the Assignment
of Female Soldiers
1. Purpose: To provide guidance on Implementation of Army Directive 2012–16 Changes to Army
Policy for the Assignment of Female Soldiers
2. Facts:
a. Effective 14 May 12, the Department of Defense direct ground combat definition and assignment
rule that allowed the services to bar the assignment of women to units and positions usually required
to physically collocate and remain with direct ground combat units was rescinded.
b. The Army is permitted to recruit and train female Soldiers for and award female Soldiers in the
following Military Occupational Specialties (MOSs): 13M, 13P, 13R, 91A, 91M, and 91P. The
Army

Advance Directives Form
Preparing for death isn't a fun topic. But as I've seen in my own family, and those of friends, it
makes a lot of sense. It reduces confusion, eliminates guilt and assures the patient that what he
wants to happen does when it comes to end–of–life medical treatment. The State of Maryland has a
simplified form for do not resuscitate orders and life sustaining treatment. The state has laws and
provides forms that make it easy to be prepared with a living will and durable power of attorney for
health care. The Forms The State of Maryland has a health decisions policy that helps people plan
ahead for a situation when they can no longer speak for themselves due to medical problems. Called
the Health Care Decisions Act, it lets adults in the state ... Show more content on Helpwriting.net ...
I'd like the doctors to take action to save my life if there is hope for a recovery with quality of life.
When it is clear there can be no real recovery, that I will be hooked up to machines just to breathe
and eat, then I want them to stop trying to sustain my life. After seeing what a relative went through,
hooked up to machines when there was no hope, I know I don't want that. Legal Issues I specified a
close relative as my Health Care Agent. This was the most important legal issue I handled. As for
the rest, I simply indicated which treatments I wanted them to proceed with and when to stop those
treatments. That is legal in the State of Maryland, so I don't believe there are other legal issues to
consider in that regard. Ethical Issues My religion is clear: it isn't necessary to continue
extraordinary means to keep me alive when my condition is obviously terminal. I followed my
beliefs in filling out the two forms. I firmly believe it is wrong to take human life. But likewise,
when the end is obviously at hand, it is time to let a person go. Those are my ethical

Advance Directives
DeVry | HSM320 A.RETAApplication Paper Advance Directives– Kevin Bean | Devry University–
Andrea Reta, Prof. | | Kevin Bean | 12/15/2014 | This paper concerns the ethical basis for advance
directives, or "Living Wills"; the value of these advance directives to the patients, their families; and
the authorities that these advance directives give the above mentioned interested parties. | Contents
Application Paper on Advance Directives 3 Abstract of Application Paper 3 Advance Health Care
Directives 3 The Natural Death Acts 3 Legal Precedents for Advance Directives 3 Advance Health
Care Directives: 4 California's Advance Directive Law 4 The Natural Death Acts 5 Inception and
Legal Basis 5 Current ... Show more content on Helpwriting.net ...
The Natural Death Acts Inception and Legal Basis Under the Summary and Guidelines for the
CALIFORNIA NATURAL DEATH ACT," to use an advance directive you must be adult (18) and
the declaration requires the conditions that the patient's physician must see the declaration, that the
patient specified must be diagnosed in a terminal condition, and the patient can't make decisions
about what health care should be administered. The hospital must: place the declaration is the
patient's records; or inform the patient that they cannot comply, and immediately transfer care to a
physician or facility that can comply with the Act. Lastly, comfort and care must never be
withdrawn, even if treatment is withdrawn under the Natural Death Act." The Natural Death Acts
are a bit different from Advance Health Care Directives, as the above quote illustrates. A person, not
a patient, can fill out the advance directive; and the person doesn't have to be in a terminal condition.
The Natural Death Act was used when the situation would arise; the A.D. specifies by legal
document what to do if the situation arose; in a type of "insurance" for future possible medical
issues. Current situation of N.D.A.s In 1986 thirty six states had Natural Death Acts, in 2000 most
all states.

Essay On EU Law
Whilst there has been contention to the definition of direct effects, it has generally been explained to
be a principle that bestows upon the individuals of the European Union (hereafter, the EU) Member
State, a right which flows from EU law. This conferring of right would enable an individual to
invoke the provision before the courts. An invention of the Court of Justice of the European Union
(hereafter, the CJEU) and first recognized in Van Gend en Loose , this principle, therefore, goes to
the heart of the supremacy of EU law. The question in Van Gend was whether Article 12 of the
Treaty of Rome allows individuals to enforce the rights against the State. In acknowledging that the
European Community was headed straight for a common ... Show more content on Helpwriting.net
...
The basis for this can be found in Article 288 of the Treaty of the Functioning of the European
Union (hereafter, the TFEU), which reiterates this notion.
The wording of Article 288 of the Treaty on the Functioning of the European Union (hereafter, the
TFEU) is crystal–clear; Directives are addressed to Member States and would have to first be
transposed into national law within the given deadline. However, where the Directive in question
can fulfil the conditions in Van Gend and have expired , they may have a direct effect.
Nevertheless, this direct effect is restricted only to that of a horizontal nature. Marshall disallows
individuals from enforcing a Directive against a private body. Concerns were raised when there was
a call to allow Directives to be horizontally effective. One point of contention was the fact that
Article 288 expressly mentions that Directives are binding upon Member States' who were expressly
addressed.
Another argument raised was focused on the distinction between Regulations and Directives. The
transposition process for Directives is what differentiates the two. To take away this ability would be
to blur the demarcation between the two types of secondary EU law sources as they would both be
rendered directly applicable. Despite the criticisms, however, Marshall was affirmed in Dori a
decade later.
Yet, a problem stems from the refusal of having Directives be horizontally effective; claimants are
unable to rely

The Doctrine Of Direct Effect
The doctrine of direct effect is the primary tool by which the Court of Justice of the European Union
(CJEU) enforces European Union (EU) law within member–states. However, the power of direct
effect as a tool of enforcement means that the CJEU has had to resist impulses to overextend its
application. This essay will argue that rather than unnecessarily undermining the doctrine of direct
effect, the CJEU has skilfully managed to create an effective enforcement regime for directives
while applying consistent principles in regards to respecting the purpose and function of directives,
keeping EU directives and regulations distinct, and crafting new methods of achieving the aim of
directives. According to article 288 of Treaty of the Functioning of the European Union (TFEU), a
directive is a legal instrument of the EU which requires member states to achieve a designated result
without dictating a means by which that result is to be reached. Van Gend established, for the first
time, that citizens of member–states could bring an action using EEC laws and their national courts
had an obligation to give effect to EEC law. The case, which concerned article 12 of the EEC Treaty
, established that treaty articles could have direct effect. This has been enshrined in the TFEU as
article 288 states that regulations and decisions are also directly effective. However, it is the issue of
directives where the law regarding direct effect becomes more complicated. In Van Duyn, the CJEU

Advanced Directive Ethics
An advanced directive is a legal document in which a person can specify what measures should be
taken, when considering their medical condition, in the event that they are incapable of making
decisions for themselves. Advanced directives are more often used by patients who have mental and
terminal illnesses. When given a scenario in which a dementia patient like David signed an
advanced directive, there are many things to be considered before deciding whether or not to treat
his pneumonia: what is best for his health, what is considered ethical for the physician to do, and
what effects would the physician's decision have on the hospital. David should be treated for his
pneumonia because, when considering the medical aspect of this case, it ... Show more content on
Helpwriting.net ...
Though, the only types of advanced directives that would lead to legal action if not followed would
be the power of attorney advanced directive and the living will because both involve either an
attorney or agent for decision–making. Lawsuits have been filed against hospitals and doctors for
their inability to carry out patient requests, but that isn't always the outcome that comes from this
type of issue. As reported by Sabatino, "advance directives are legally recognized documents and
doctors must respect your known wishes, but doctors can always refuse to comply with your wishes
if they have an objection of conscience or consider your wishes medically inappropriate" (7). In this
case, when treating David if he were to have a power of attorney for health care advanced directive,
no legal action would have to be taken against the hospital because this type of directive allows
physicians to make decisions for the patient. Even if David had one of the other two directives, it is
likely that his family would agree with the decision to treat him, and a family member can always
overrule an agent or attorney's choice. Sabatino also states that, "An advance directive can express
both what you want and what you don't want... even if you do not want further curative treatment,
you should always be given "palliative care" which is care and treatment to keep you pain free and
comfortable by addressing your medical, emotional, social, and spiritual needs" (8). If treating his
pneumonia would extend both his life and his happiness, the family would most likely agree that he
should live his life for as long as he can. Therefore, there is a high chance that treating David would
not cause any legal trouble for the

The Doctrine Of Direct Effect
The doctrines of direct effect and supremacy are extremely important because they require national
courts to apply European Union law over any conflicting provision of national law. This essay will
first consider the doctrine of direct effect, its advantages and disadvantages and it will go on
examining the doctrine of supremacy, how it can be assessed and its relation with the doctrine of
direct effect. Finally, some conclusion will be drawn as to how the direct effect and supremacy of
Union law provisions are related to each other and how can be really helpful for individuals and
member states when looking at the big picture, even if in some situations they might be seen as
inappropriate.
Direct effect is not expressly mentioned by any ... Show more content on Helpwriting.net ...
As opposed to Van Gend en Loos which leaves the matter unresolved, Defrenne allows horizontal
direct effect. Therefore, the individuals are able to invoke Treaty rights and provisions of regulations
against the State and other individuals before national courts.
Nonetheless, the situation is slightly different when it comes to directives. Article 288 states that a
directive must be implemented into national law. Even if it does not fulfil the second criteria of the
test in Van Gend en Loos about implemented measures, in the latter case of Van Duyn v Home
Office it was held that directives can be directly effective provided that they are clear and
unconditional. There are conditions, however, in the case of Ratti , it was held that for a directive to
have direct effect on the member state the implementation deadline must have passed. In addition, in
the case of Marshall , the court decided that directives can have a vertical direct effect but not a
horizontal direct effect. This decision was upheld in Faccini Dori v Recreb Srl . This protects the
individuals from being sued for matters that the State is responsible for.
Nevertheless, these decisions were strongly contested, especially in the employment context. Why
should people be able to sue their employer only if they are a public body? What about people
working in the private sector? It could be argued that only members of parliament

Importance Of Advance Directives
The purpose of an advance directive is a legal document that will tell your caregivers and doctors, in
the case you can't communicate, how to treat you in a medical situation. Sometimes people can
become terminally ill and/or sick and they become unable to make medical decisions should they
need to. Advanced directives can by in many different varieties depending on a person's preference
and comfortability using and making. Each state has their own rules and guidelines and everyone
should be aware of what their states laws are. Those patients that are terminally ill will most likely
have an advance directive. These patients want to make one early on so they feel they are in control
of their future outcome in their end of life decisions. Advance directives are used to describe the
types of treatments someone would want depending on how sick one is. They also are a benefit as
they will most likely outline what types of treatment one may want no matter how will they are.
Patients will want to include types of information that will either consent to or refuse certain
treatments, services or procedures that would affect them in a way they do not want. These advance
directive should include what types of diagnostic tests, surgical procedures and medications one
would ... Show more content on Helpwriting.net ...
It is already hard for families going to lose someone they love and the devastation of that loss they
are facing would be horrific loss. As I write this, I think of my children. I know they would be sad to
loose me and I wouldn't want them to in their grief, have to make a decision on what to do with me
or take me off life support or not. They would be so upset and want to hang on. I would not want to
put them through that. They need to focus on each other not on my

The Role Of The Direct Effect And State Liability
The given scenario involves a women name Suvi, a Finnish national who wants to work in UK as a
self–employer offering her services as a Zoo technologist to the zoos in UK. In order to achieve that
she must be registered with National Authority of Zoo The problem with her situation is the that her
application for registration has been rejected based on two reasons, (1) she must obtain a
qualification in respective field from UK in line with 2014 UK Act and (2) she must obtain
insurance in accordance with EU Directive 2010/5.
The main issue for Suvi to concern with is the enforcement of EU law and the application of the
Direct effect and possible following of Indirect effect and State Liability. The Direct Effect is a term
given to judicial ... Show more content on Helpwriting.net ...
And to do that she must full fill the criteria of Van Gend en Loos [5] i.e (1) Be clear and precise (2)
Be unconditional and (3) Not dependent on further actions by EU institutions or by Member state .
[6]
For Suvi's first reason of rejection of application of registration with NAZ, Under the Regulation EU
12/2012 of the EUROPEAN PARLIAMENT AND COUNCIL on the right of free of movement for
zoo technologisist 1 APRIL 2012. ART 1, ART 3 and ART 7 satisfies the Van Gen en loos test's first
and second condition because ART 1 and ART 3 of the regulation Gives right's to Suvi to work in
UK to as a self–employed zoo technologist .she is a Finnish national, EU MS citizen, thus she can
work in any other MS and she is entitled to be registered with National Authority of Zoos (NAZ) the
regulation should have been applied by UK by December 2012 and by the facts given it it indicates
that UK government did not do the transposition properly therefore it will be safe to say that the
time of transpose has passed thus satisfying second condition and EU regulation can be enforced
like the case of Pubblico Ministero v Rotti 148/78 [7] principle where the date of implementation
has passed and the directive have not been implemented or implemented properly.
Even though the EU Regulation, under ART 288,EU law is directly applicable in host country, these
three Articles full fill the first two conditions of the criteria i.e. Be clear and precise, Be
unconditional. The third condition

The Issue Arising From The Monique 's Case Essay
Introduction:
The issue arising from the Monique's case is the direct applicability of the Treaty Articles and the
direct or indirect effect of Directives, provided by the European Union.
Monique may be able to rely on both Article 18 and 45 of TFEU which concerns any kind of
discrimination against EU citizens. The Council Directive 14/08 will be examined whether it is
direct or indirect applicable, or if it can be applicable under the principle of state liability. In the case
where one of the above can be established, Monique will be able to seek compensations against
either Conker Plc or the United Kingdom's State for non–implementation of the directive.
Treaty Articles – Direct Effect:
In 1974, when the European Council was created, all countries decided that treaties will be agreed
together and they cannot be enforceable if they are not approved democratically from all Member
States. Treaties are at the top of the European Union's hierarchy and they are primary legislations
which give rights to Member states and European citizens but also create obligations to the
European States to implement the "new law" into their own domestic law. Also, Treaties sets the
European Union's constitutional basis and, as stated in the case of Costa, they cannot be overridden
by any national law.
Articles 3,4 and 6 of the TFEU provides the areas where European Union have exclusive
competences, shared and supporting competences respectively and the Union shall act only within
the

Aims And Objectives Of Employment Regulation
Activity 1
1.1 Explain the aims and objectives of employment regulation.
The aim of employment law regulation is to provide legal protection to employees and employers
the relationship between businesses.
Objectives of Employment Law:
Social justice is the distribution of difference in society and is based on equality and its opportunity.
Within the workplace, social justice also refers to access to rights and fairness.
Employee protection employment rights are designed to balance the expectations of the job with the
fair treatment of the employee doing it. Employee rights at work come from both as statutory rights
and his/her employment contract.
European law
As part of the European Union, the UK is a subject to European law, with European law having
authority and take the place of any domestic law. This means that domestic law should be done in
the same way with European law.
Most EU law is also introduced into UK law via statutes. European Union directive can be
interpreted into domestic law as it is less specific and most European Union influence on UK
employment law has been through directives.
The sources of employment law are:
Legislation
European law
Codes of practice & regulations.
The main source of employment law is statutes:
Acts of Parliament = Equality Act 2010
Equal Opportunities legislation sets out that all employees should receive the same pay and
conditions for carrying out the same or approximately similar work.

EU Law =

Analyse The Difference Between Indirect And Horizontal...
essay will examine the effectiveness of both indirect effect and state liability in providing
individuals with sufficient redress such as remedies for losses suffered, and consequently whether
there is a need for Directives to generate horizontal direct effect. Directives are a form of secondary
legislation contained in Article 288 TFEU. Directives are legally binding only to the Member States
of the EU on the outcome wished to be achieved. The way in which said outcome is achieved is left
entirely to the discretion of the Member States.
When examining Directives, we need to consider the case of Van Gen den Loos v Nederlandse
Administratie der Belastingen as the primary case in establishing the principle of direct effect, as
well as providing a criterion of determining direct effect generated from Directives. If the test is
satisfied, then the legislation has direct effect, this allows individuals to enforce their rights before a
national court. The European Court of Justice "named and shaped a new legal order which can ...
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Sabena concerning an air hostess who won her claim when relying on Article 199 in relation to
equal pay. Both parties accepted that discrimination was present however the issue was as to
whether Defrenne had rights under EU law and whether direct effect could apply to her case. The
case met the criterion set in the Van Gen den Loos case; Therefore, EU law was applicable.
However, in the case of R v Secretary of State, the applicant sought to use the Articles 198 and 199.
The court held that they were statements of aspirations rather than clear and detailed, therefore this
would not generate direct effect. This suggests that direct effect provides sufficient redress for
individuals provided the criterion is

EU Law Doctrine of Direct Effect and State Liability

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