Task
Written Assignment: Answer One Question Only. (2,000 Words Max)
(You must assume the UK is still a full member of the EU.)
1) Imaginary Directive 99/16 provides for all Member States to prohibit discrimination against women in the workplace by September 2018. All Member States have complied correctly except the United Kingdom who has not even implemented the Directive. The UK argues that its existing domestic law on sex discrimination is adequate.
Advise the following, who have all been fired from their jobs due to their sex, as to their rights as a result:
a) Anita, a UK lawyer who works for the UK Home Office in Croydon, UK.
b) Basanti, a Bulgarian charity worker who works at ‘UK State Aid’, a government funded private organization in central London.
c) Carmen, a Spanish cleaner at McDonald’s restaurant in Bristol, UK.
d) Darcy, a Danish shop steward at Marks & Sparks in Cardiff, Wales. Marks & Sparks is now in receivership due to the popularity of online shopping.
e) Emilia, a French chef at Veals, the top French bistro in Paris, France.
2. “The European Court of Justice is not an appeal court. Individuals have very limited access to the ECJ.”
Illustrate the accuracy of the above statement with reference to the Three main functions of the European Court of Justice. Which of the three functions do you consider to be the most important and why do you say so.
3. Why were the protection of fundamental human rights not considered a priority in the original EU Treaty? How, if at all, has this position changed and why has it changed. Illustrate your answer with the relevant examples.
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