Question
P LEASE FIND CASES TO BACK UP YOUR POINTS I WANT LONG ANSWERS AND WITH GOOD DETAIL FOR MR GREEN AND BLUE USE IRAC STRUCTURE
PLEASE FIND CASES TO BACK UP YOUR POINTS I WANT LONG ANSWERS AND WITH GOOD DETAIL FOR MR GREEN AND BLUE
USE IRAC STRUCTURE ISSUE RULES APPLICATION AND CONCLUSION PLEASE DO NOT RUSH THIS. I WANT IRAC STRUCTURE FOR BOTH GREEN AND BLUE
CASES THAT LINK TO THIS PLEASE!
EUROPEAN UNION LAW LX20817LX3602
Seminar 3: Direct Effect, Duty of Consistent Interpretation ('Indirect Effect') and State Liability. Essential reading: Article 4(3) TEU Article 263-266 TFEU P Craig and G de Brca, Chapter 8 and Chapter 9 Or Chalmers et al, Chapter 7, sections 1 - 4, 5, 6,7 and 8 Or Woods and Watson, Chapter 5, sections 5.1 and 5.2 and chapter 9. Or Barnard and Peers, Chapter 6, sections 1 - 3 Problem solving question The European Union adopted the (fictitious) Parental Care Directive 16/222 on 1 February 2016. The Directive was passed in order to assist parents with young children in pursuing a career at the same time as rearing a family; Article 1 of the Directive states: 'Member States shall ensure, before the expiry of the deadline set out in Article 11, that: (a) All businesses established in their territories with at least one hundred employees must ensure the availability of high-quality crche facilities for the benefit of their workforce; (b) Crche facilities referred to in subparagraph (a) shall be located either at or reasonably proximate to the employee's place of work; and (c) Crche facilities referred to in subparagraph (a) shall not involve an unreasonably high financial expense for the workers who decide to use them.
2
Article 2 of the Directive stipulates that member States must transpose the provisions of the Directive into national law by 1 February 2019. The Government of Ruritania (fictitious Member State) decides that it is not necessary to adopt new legislation in order to implement the Parental Care Directive. It believes that Ruritania already provides sufficient social protection for employees with pre-school aged children, taking into account the need - as the Government sees it - to ensure that child care costs imposed on businesses need to be kept to a minimum in order for them to remain competitive in national and international markets. The Ruritania Parliament had passed the Child Care Act 2014. Section 1 of that Act requires employers with 1,000 or more employees operating in any one establishment to ensure that crche facilities are made available to employees by 31 December 2022. In April 2019, the following people come to you for legal advice: Ms Blue is an employee of Rurinshire County Council which has more than 2,000 staff. There is no crche at the workplace. Local crches have long waiting lists. Mr Green is employed by DataNet Ltd, a private Ruritania company employing 100 workers. Green is a parent with two pre-school aged children. No crche facilities are provided by DataNet and both of Green's children are on waiting lists to get into local crche facilities. To care for his children, Green has had to reduce his working hours and consequently take a pay cut. Advise Green and Blue of their rights under EU law with regard to the Parental Care Directive.
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