Создан заказ №2765961
11 марта 2018
Европейская политика, право и институты
Как заказчик описал требования к работе:
Training question 1 – direct and indirect effect of Directives
On 1 March 2016, the Council adopted Directive 2016/378 on decent salaries and living conditions. The deadline for the transposition of the Directive into national law was 1 March 2018.
The preamble of the Directive states as follows: “I
n order to guarantee to all European citizens decent living conditions and to equalize the level of life in the EU a harmonization of the minimum wages is necessary”.
Article 3 of the Directive provides that the minimum wage across the EU shall be no less than 450 euros a month.
Article 4 allows Member States to establish higher minimum wages.
Romania and Lithuania have not implemented the directive. Vlad and Andres are employed respectively in these three countries by Sodexo, a French food services and facilities management company and are paid 400 euros a month.
Romanian legislation provides that the minimum wage shall be 320 euros. Lithuanian legislation does not stipulate the amount of minimum wage, the Labour Code providing only that the employers have to pay the employees a decent wage. According to the case-law of the Lithuanian courts in 2015 and 2016 only wages below 350 euros a months have been considered indecent.
Vlad and Andres are considering suing their employer in order to get a raise. Please advise them as to the perspectives of their action.
Training question 2 – direct and indirect effect of Directives
On 1 October 2016, the Council adopted Directive 2016/696 on the approximation of national laws governing consumer credit by retail traders (a fictitious measure). The deadline for the transposition of the Directive into national law was 10 March 2018.
The preamble of the Directive states as follows: “In order to facilitate free movement of establishment it is necessary to enable retail traders in Member States to grant consumers credit allowing them to purchase certain goods and to harmonize the conditions relating to this type of activity”.
Article 4 of Directive provides that retailers who wish to provide credits have to address a demand to the competent national authorities.
The conditions of authorization are listed in Article 5.
Article 6 states that retailers which fulfill the conditions listed in Article 5 “shall be authorized”.
Article 7 provides that Member States may not impose any additional or more stringent conditions than those provided for in Article 5.
(2) Greece has failed to implement the Directive. Existing Greek legislation is more liberal and allows all retailers to offer consumer credit. Orestis bought on credit a new computer from Zeus, an electrical superstore based in Athens, but now wishes to rescind the transaction on the ground that Zeus does not fulfil the requirements of the Directive and does not possess an authorization from the Greek authorities.
(1) Italy too has not implemented the Directive. “La Vita e Bella” is a fashion shop based in Milan. A long time ago it has received an authorization by the authorities, fulfills the requirements of the Directive and offers credit to consumers. A client has purchased on credit clothes worth € 5 000 and now refuses payment on the ground that “La Vita e Bella” does not fulfil the more stringent requirements of Italian law adopted in August 2016. Moreover, the client complained to the national authorities that are now threatening to revoke the authorization given to “La Vita e Bella”. The owner of the shop, Guido, asked for your help.
(3) Ireland, whose legislation lays down additional conditions for obtaining an authorization, managed to obtain from the Council a six-months postponement for the transposition of the directive. In order to help the bank sector affected by the economic crisis it adopted a new law prohibiting the shops authorized to give consumer credits at a lower or equal interest rate than the banks in a 5km area from the shop offering credits. Leo, the owner of the car dealership “The Odyssey”, fails to comply with the new law and his authorization is annulled by the competent authorities.
Advise Orestis, Guido, and Leo in relation to their rights, if any, under the doctrine of direct and indirect effect of directives
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Автор24
Автор24
20 дней
Заказчик принял работу без использования гарантии
12 марта 2018
Заказ завершен, заказчик получил финальный файл с работой
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Европейская политика, право и институты.docx
2018-03-15 19:10
Последний отзыв студента о бирже Автор24
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Спасибо автору за оперативно выполненную качественную работу. Автор очень интересный, ведет дополнительный диалог. Советую смело обращаться, не пожалеете.
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