Q4 Oct 2006
The (fictitious) 2001 General Waste Directive ('the Directive') regulates
the disposal of waste.
Article 2 of the Directive provides that: 'Member States shall take all
appropriate measures to ensure that waste is disposed of without endangering
human health and without using processes or methods which cause harm to the
environment, or which could cause a nuisance through noise or odours'.
Article 5 provides for a specific environmental impact assessment procedure
to be applicable to all 'waste disposal plants which it is proposed to
construct following the entry into force of this Directive'. Article 6
provides that: 'Member States shall establish or designate a competent
authority, or authorities, to be responsible for ensuring compliance with
the objective of Article 2'. Article 8 provides that the Directive sall be
implemented by 31st December 2003.
Ireland has to date not formally transposed the Directive into Irish law,
although certain steps have been taken to give effect to its provisions.
Ireland designates Environmental Know-All Ltd ('EKA'), a private company,
with effect from 1st September 2003 as the 'competent authority' pursuant to
Article 6. One function of EKA is to issue waste disposal licences.
EKA issues such a licence to Smelly Thing Ltd ('ST') on 1st November 2003.
The Dublin Environmental Alliance ('DEA'), a group of concerned private
citizens, complains that ST's waste dispoal plant does not comply with
Articles 2 or 5 of the Directive.
Advise the DEA on the following issues:
(i) Do Articles 2 and 5 of the Directive have direct effect?
(ii) May Articles 2 and 5 be relied upon against a body such as EKA?
(iii) Assuming Article 5 to have direct effect, may a privater entity like
the DEA rely upon it in national court proceedings in order to compel the
EKA to withdraw the licence it granted to ST? In this respect, is it of
significance that the licence was issued to ST prior to the deadline for the
transposition of the Directive?
Best of luck with job!
Aoife
On Tue, Mar 9, 2010 at 4:36 PM, MD <[email protected]> wrote:
> Hey folks,
>
> Could someone please help me out?
>
> I have been asked for a sample of my legal writing from an prospective
> employer. While I have the piece of writing I want to send, I'm
> lacking the question that the piece answers and I don't have any
> access to my past papers.
>
> I know it's the business end of the FE-1 calander, but could someone
> please find the time to post Question 4 of the Oct 2006 EU exam?
>
> You'd really be helping me out.
>
> Thanks a million,
> Mark
>
> --
> You received this message because you are subscribed to the Google Groups
> "FE-1 Study Group" group.
> To post to this group, send an email to [email protected].
> To unsubscribe from this group, send email to
> [email protected]<fe-1-study-group%[email protected]>
> .
> For more options, visit this group at
> http://groups.google.com/group/fe-1-study-group?hl=en-GB.
>
>
--
You received this message because you are subscribed to the Google Groups "FE-1
Study Group" group.
To post to this group, send an email to [email protected].
To unsubscribe from this group, send email to
[email protected].
For more options, visit this group at
http://groups.google.com/group/fe-1-study-group?hl=en-GB.
