Francovich Coursework Example | Topics and Well Written Essays - 500 words

Francovich - Coursework Example Sutton for getting interest on the awarded benefit. The Secretary of State for Social Security rejected Mrs. Sutton’s application on the basis of the argument that no interest could be awarded under the national law on the arrears of ICA (Opinion of Advocate General Là ©ger, 19 September 1996, I-2168). Question1. (c) The Advocate General refers to three ways in which the Court of Justice has addressed the fact that directives can only be relied upon against the state (i.e. vertically).   What are the three ways? Explain briefly the main elements of each. Answer. According to the Advocate General, all the divisions of a state come in the scope of the infringement procedures. These are various tiers that include executive, legislature and the courts. In a situation when one organ of the state, for instance the court, is not capable of delivering justice, as vouched in a national set up because it goes against the spirit of Community law, the reason could be any. Either it is not workable because it is not accurate or not enough to fully guarantee the implementation of the Community law. Vertically, it is the responsibility of the executive and legislature also to find a path that ensures that rights of the people are safeguarded through various measures, one or the others (Opinion of Advocate General Mischo, 1991). As in a democratic set up, the primary responsibility of providing justice remains with the judiciary, vertically if judiciary is lacking in providing exact and unconditional justice, it is the responsibility of the legislature to reform the law, which needs to be channelized by the bureaucracy so that all deficiencies are covered to the delivery of final judgement (Opinion of Advocate General Mischo, 1991). Directives can not be depended upon against the state for such rights of individuals that need to be implemented. The gist of Community law to individuals should be straight