“LW203 European Law Coursework Answer BOTH questions 1. Discuss how Dean and Bea could use EU law to ensure that the intended results of the Directive are achieved. Case study scenario. In order to counter the growing fear of a European super-state amongst the people of Europe, steps have been taken, at a European level, to support and encourage the protection and development of the cultural heritage of the individual EU Member States. To this end, grants have been made available to Member States to help fund museums and heritage sites with a view to making them more accessible to EU citizens. As part of this initiative, Fictional Directive 2008/154 was adopted, which requires that free entry to museums and heritage sites should be made available to all EU citizens. The Directive was due to be implemented by the end of March 2010, but no steps have yet been taken in the UK to do this. Moreover, due to the need for drastic cuts to improve the economic stability of the country, national legislation has been passed making funding dependent upon museums and heritage sites charging a minimum price of entry and giving local authorities the job of enforcing the legislation in their locality. The UK legislation came into effect on 1st December 2010. Dean Carter is the director of a Museum of Mechanical Music in Cheltshire. He has refused to introduce the minimum charge and is being threatened with legal action by Cheltshire County Council to enforce the requirement for a minimum entry charge, failing which funding for the museum will be withdrawn. Dean is afraid that this will result in the closure of the museum, but is determined to maintain free entry. The National Preservation Society (NPS), an independent charity, which owns a large number of heritage sites throughout the UK, has introduced the minimum price of entry as required by the national legislation. However, Bea Potter, a campaigner for free access to cultural heritage, thinks the NPS should be forced to provide free entry to EU citizens. Discuss how Dean and Bea could use EU law to ensure that the intended results of the Directive are achieved. (80 marks) 2. In view of the UK Governments failure to achieve the result of Fictional Directive 2008/154, consider what other methods of enforcement are available under the Treaties to ensure that the UK fulfils its obligations. (20 marks)”

This question requires a discussion on the potential ways in which Dean and Bea can use European Union law to ensure that the intended results of Fictional Directive 2008/154 are achieved.

This scenario exposes a discrepancy in the legal system of the European Union in relation to the enforcement of directives. As a consequence, after a general commentary applicable to both it will be necessary to offer separate discussions to Dean and Bea.

Certain forms of EU legislation differ in terms of their characteristics and the way in which they deliver enforceable law.

The Treaty on the Functioning of the European Union (TFEU) specifies in Article 288, that regulations:-

shall have general application and be binding in their entirety and directly applicable in all Member States.

That is all well and good and creates little difficulty. However, the said Article also provides…(short extract)

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