Drect effect Essay Example | Topics and Well Written Essays - 1500 words

Drect effect - Essay Example The Court of Appeal referred two question to the ECJ and this are whether a different retirement age for men and women in breach of Directive 76/207 and if so whether Directive 76/207 to be relied on by Mrs. Marshall in the circumstances of the case. The Equal Treatment Directive 76/207, which is based not on Article 141 of the EC treaty but on the institutions general powers under Article 308 (ex 235), lays down the principle of equal treatment for men and women in Article 1(1). 1 (iii) The logic of this reasoning is that a Directive can only be invoked vertically, by an individual against the state, and not horizontally, by one individual against another, because individuals are not to blame for the non-implementation of the Directive. This view was EC law and national law confirmed in this case. In Marshall the issue of the horizontal effect of directives was, it seemed, finally laid to rest. In favour of horizontal effects is the fact that directives have always in fact been published, that Treaty provisions addressed to and imposing obligations on, MS have been held to be horizontally effective that it would be anomalous, and offend against the principle of equality. If an individual’s rights to invoke a directive were depend on the status, public or private, of the party against whom he wished to invoke it, that the useful effect of Community law would be weakened if individuals were not free to invoke the protection of Community law against all parties. Although ECJ imposed limitation on the HDE of directives, it also creates other strategies or ways to advance the domestic enforcement of these meaner which broadening the concept of state, indirect effect, incidental horizontal effect and state liability. However, the ECJ is expanding the concept of public sector in the case law and thus including more individual capable of protection of community law [Johnson v RUC2 and Foster v British Gas3] Part b) (i) The

Methods for accident investigation Essay Example | Topics and Well Written Essays - 750 words

Methods for accident investigation - Essay Example Causal factors can be broken down into three types. The first of these is direct cause, which describes the immediate aspect that caused the event. The second is a contributing cause, which acts with other events to increase how likely the accident was to occur. The final type of cause is a root factor, which would prevent the accident from reoccurring if it is corrected. These aspects can be determined through the use of different analytical approaches. The deductive approach makes use of a reasoning approach, which moves from a general perspective to a specific one, based on the postulation of the failure of a specific system or process. The second approach is inductive, which postulates that a particular event of fault has initiated the process. This is an overview approach. Finally, the morphological approach makes use of the way that the system that is being studied is structured. This considers what aspects have the most significant effects on safety. A five-step model was developed by SINTEF for investigating accidents. The first step is identifying the sequence of events the occurred prior to the accident, the second is determining failures and deviations that influenced the events. The third step involves working out the problems with the systems of management. The fourth step involves the identification of weaknesses in top management. Finally, the fifth step involves finding the weaknesses in the public safety framework. When investigating an accident, one of the main objectives is reporting and the provision of recommendations, which have the potential to prevent similar accidence from occurring in the future. The TRIPOD concept examines the organizational failures that are crucial to accident prevention, based on the arguments that substandard aspects occur as the result of mechanisms within organization. These often occur due to decisions in the organization, and the underlying mechanisms are