EU Law Essay Example | Topics and Well Written Essays - 2500 words

EU Law - Essay Example Charles clearly falls under this head. The next step would be for him to establish that the Directive is â€Å"clear, negative, unconditional, containing no reservation on the part of the Member State and not dependent on any national implementing measure,: Alfons Là ¼tticke GmbH v. Hauptzollamt Saarlouis [1966] relied on in Van Duyn v Home Office [1974]. Whilst we do not know the precise wording of the Directive we can deduce the phrase â€Å"prohibit discrimination in the workplace on the grounds of age† meets the criteria for the Directive to be directly applicable. However this is not true for Dilshad who is employed by a private company. As seen in Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] the Court of Justice does not allow the direct horizontal enforcement of Directives. However, in Marleasing SA v La Comercial Internacionale de Alimentacion SA [1990] two private individuals sought a remedy which was not included in the Directive. The Court held that a non implemented Directive could be relied upon in a case between individuals. The House of Lords confirmed this view in Webb v EMO Cargo [1994] in a case dealing with sexual discrimination. [†¦] interpret their national law in the light of the wording and the purpose of the Directive in order to achieve the result referred to in the third paragraph of Article [249]. Von Coulson and Kamann v Land Nordrhein-Westfalen [1984] 2 This is known as indirect effect. Both Charles and Dilshad could seek redress with a view to having the national court declare age discrimination in the workplace unlawful in the UK. The national court would be at liberty to provide an adequate and effective remedy. An advantage of this approach is that unlike direct effect the provisions in question do not have to be clear, precise, unconditional and require no further implementation. Assuming the worst case scenario that both Charles and Dilshad are denied a remedy through

Paper about TANF known by americans as welfare Essay

Paper about TANF known by americans as welfare - Essay Example It advocates the need for jobs, marriages, two parent families and also tries to prevent out of marriage pregnancies. Sharon Hays through her book â€Å"Flat Broke with Children† gives us an interesting insight into the world of the social workers who aid in carrying out the welfare programs under TANF and also tell us the story from the view points of those who receive the aid. TANF which came in place of the Emergency Assistance program (EA), the Aid to Families with Dependent Children (AFDC) program and the Job Opportunities and Basic Skills Training (JOBS) was a welcome change to the social workers who all were involved with various welfare organizations throughout the United States of America. As Hays (2004) points out â€Å" most of welfare caseworkers I met were optimistic about the new law, at least in the first year of its enactment.....a number of case workers, echoing popular sentiment, told me that welfare had become a trap and the clients had become dependentâ₠¬  (Hays, 2004, p. 4). So the social workers felt that to impart training to the poor clients and make them suitable for various jobs would be a change of scenario, both for the worker and the recipient. However as Hays travels through the various phases of this program and meets various clients and aid workers over an extended period of time she finds many pitfalls in this assistance program. Though facts and figures prove that this program is a resounding success but as we travel with Hays we find that not everything is as rosy as it seems. Her research work which nearly extended for about three years gives us, in vivid details, as to the happenings in the various welfare program offices and in the homes of the recipients of this aid. She explores the various social values that this aid program tries to instill in its recipients and the inherent contradictions that arise while trying to apply these values in every day