European Union Law

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EUROPEAN UNION LAW

European Union Law

European Union Law

Introduction

According to the European Union law the ability of litigants to enforce the law in federal courts is an essential feature or the integrated legal system set up by the Community. Although, the Court of Justice is the Supreme Court in that system, the lower, that is to say national, courts must also be able to apply national law (Arjomand, 2003, pp. 7). There are certain remedies in respect of National law may be administered only by the Court of Justice, and of course if national law grants the same rights as National law, it will be sufficient for the applicant to rely directly on national law. In the case of the European law, which should have been transposed into national law, such as directives, the applicant may request the Commission to take proceedings under Article 226(ex 169) LC against the Member State for failing to do so, but this is a relatively circuitous route and increases both delay and expense for the applicant, where the measure is not designed to be transposed, the applicant has no alternative but to rely directly on the Community measure (Wildhaber, 2005, pp.43). This paper analyses a case regarding the retirement age limit.

Discussion

Alex is 64 years old, who works at Nirvana FC as a manager. Nirvana FC is one of Utopia's leading football clubs (Ziller, 2003, pp. 260). This individual wants to relish the opportunity that is to win the 20th league title. Alex's employer has made it clear to him that he has to retire as soon as he turns 65. Alex would turn 65 in the current season and wants to stay in the club for the upcoming season in order to achieve his milestone, which would help increase the reputation of the football club itself. ...
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