EU LAW Essay Example | Topics and Well Written Essays - 1500 words - 1

EU LAW - Essay Example To preserve such provision, the European Court of Justice was established. When it comes to the application of competition law amongst the different facets of European healthcare, the view of lawyers are at odds. At one end of the gamut, many are apprehensive of its general applicability in the local laws while on the other hand, some argued that these laws fit perfectly in the health care scene. An area of focus is the difference of health care against the other sectors of the European economy. When the primary goal is protecting the patient and meeting their needs in the workforce, then modifications in their applicability is one way of bridging the gap. For example, hospitals must not attempt to put profit gain before service to the public; hence the imperatives of the free market do not directly affect them. II. Health safeguards in the I.T workforce A. First Scenario Assuming that an EU regulation provides for a 5-minute break of employees working with computers at two hour inte rvals throughout the working day; however, UK laws lack such provision. The area of interest now would be the rights of an employer against an employee, after she developed migraine attacks resulting from her constant use of computer, as required from her job. The Van Gend en Loos vs. Neatherland2 2established dual vigilance used to enforce the directives of the European law with every Member State. As a brief background, Van Gend en Loos was a shipping company that imports ureaformaldehyde to Holland with duty charged by the customs services. Thinking such as a clear violation of the former Article 12 EC (Article 25 EC) on the common market, the company asked for reimbursements. However, the Dutch court claimed lack of jurisdiction, since the law is not Dutch. Now, with reference to Article 177 EC (Article 234 EC), the company brought the case to the European Court of Justice citing that the Dutch court erred in its non-application of the EC laws33. In its decision, the ECJ said th at the nature of the EEC treaty on common market implies that the treaty itself does not only laid down a blanket of mutual obligations between the States involved but at the same time, it functions and acts directly to the concerns of the parties in interest. It even added, in relevance to the effect of the treaty, the specific article (Article 12) is to be construed as having direct effects and thus producing individual state rights that every nation ought to protect4. As a conclusion from the case at bar, from the establishment of the signatory states of the international European laws, then the states have effectively limited their sovereign rights – therefore creating a new legal order in these countries. However, in the thin scope of rights, the subjects are not only the states as well as the citizens and nationals. In short, these laws do not only enforce obligations to member states and it citizens but more importantly, it provides a set of rights that will be part of their legal heritage5. Based from the course of action taken by VGL above, the same can be used in order to secure her rights against UK’s (assuming) lack of implementing rules and guidelines of the established law regulation. However, it is to be taken as a consideration that even of the Van