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    EU Law; The Position of A Directive When a Country Fails to Implement It- A Case Study

    Number of Pages: 15

     

    Summary of the research paper:

    This 15 page paper considers what may occur when an EU directive is not enacted by the member state. The writer looks at a case supplied by the student, where there is a fictitious directive which has not been implemented in order to advise two potential claimants, that may have a claim under the new directive, but not under national law. The bibliography cites 12 sources.

    Name of Research Paper File: TS14_TEficdir.rtf

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    Unformatted Sample Text from the Research Paper:
    directive; Directive 2000/XX, which concerns the use of the internet by employees when at work and the powers of the employer to monitor the employee. The issue of the  use of the internet is one that have been controversial with several incidences of dismissal occurring as a result of unauthorised web use. There are several articles that protect  the privacy of the individual at work, for example, the Human Rights Act, where articles such as Article 8 - the right to respect for private life; Article 9 -  the right to freedom of thought, conscience and religion; Article 10 - the right to freedom of expression and Article 11 - The right for peaceful assembly as well as  the freedom to associate with others which also includes the right of individuals to form and join a trade union for the protection of their interests. However, the new directive  is aimed at an area where this may be seen as more tenuous, as web browsing may also be seen as devoid of personal issues such as communication. The directive  states that employers should have a policy in place, and that monitoring of internet use may only occur in defined situations. The government had until May 2002 to put the  changes into effect, however, they have not. These cases provided by the student occur after this date. There are other tools that  the student should be aware of, such as the Interception of Communications Regulations (IC Regs) which are effective from October 2000, this limits the ability of an employer to intercept  communication, however it is excepted if it is believed by the party intercepting the communication that both parties to the communication had consented to the interception. There are also other 

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