EU law Essay Example | Topics and Well Written Essays - 2250 words

EU law - Essay Example Again, Article 226 of the EC Treaty lays down that a Member State has been unable to perform a directive as stipulated under this treaty, it shall forward its reasoning after giving the accountable State an opportunity to submit its opinions on such directives. However, â€Å"If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.† (Treaty Establishing The European Atomic Energy Community (E.A.E.C-Euratom) Title Three- Provision Governing The Institutions, Chapter 1: The Institutions Of The Community, Section IV, The Court Of Justice, Article 141). Therefore, under EU laws it is possible for a party to â€Å"lodge a complaint with the Commission against a Member State for any measure (law, regulation or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of Community law.† Conditions of a direct effect of directives: Therefore considering the First part of the question, it could be well within the prerogatives of EU laws for the members of the gardening club (directly affected) and the local residents (indirectly affected) to bring an action against UK government for violation of deemed European Commission directives. According to conditions of a direct effect of directives, the clauses of the wordings need to be clear and cogent. This has been satisfied by Directives 2006/2001 (Chemical ABC) and Directives 2006/2002(Chemical XYZ)