Suni, a Portuguese national, works full time as an administrator for a privately run tourism organisation in Portugal. She has been studying for a degree in French to help her gain promotion.

In 2022, the relevant EU institutions passed a (fictitious) regulation called the (EU) Promotion of Language Learning Workplace Regulation 2022. This states that all persons employed in the tourist industry in member states shall be entitled to ten days' paid study leave peryear.

In January 2023 Portugal passed its own (fictitious) law called the Language Study and Training Entitlement Provision 2023, which states that all persons employed in the tourist industry shall be entitled to only five days' paid study leave peryear.

Suni has recently been ill, so is behind in her studies. She has an assignment due at the end of next week.

She had three days' study leave last week, approved by her employer, but needs to take five more days' leave to complete the assignment.

She has asked her employer for these five days' leave but they have refused to grant them, relying upon the national Language Study and Training Entitlement Provision 2023.

• a.Advise Suni whether she can rely upon EU law rights in a claim against her private employer, and if so, how.
• b.If the relevant EU legislation was the (EU) Promotion of Language Learning Workplace Directive 2022, rather than the (EU) Promotion of Language Learning Workplace Regulation 2022, and its transposition deadline had already passed, explain in bullet points which parts of your answer may change and how.