-Please do not mention Brexit in the paper as it is no longer required. – You have to write a 3500 words and follows the method of IRAC for this case study. Please make sure to follow point a, b and c as well as (i),(ii)<<< I made a list of points that must be discussed in the assignment, please use them!!! -Point A: The Thrifty exceeded its quota of herring for the year by going over the limitations that were expected of them: IS the quota a regulation or directive? The quota is a regulation, what requirements must be present to show that it is a regulation or directive? How can this be challenged vertically, what is the process? The case will be decided and heard by the national court where the procedure for judicial review will be decided. Because this directive was implemented by the French government, member states will count the exceeding of quotas as a breach. Parties will be able to Challenge member states in court, and discuss the process of the next procedure. In fact, Quantitative restrictions are banned by treaty because they restrict the quantity of goods allowed into the country by using import quotas, thus restricting the free movement of goods.- Mr and Mrs Dale exceeded the amount of goods they were supposed to bring as well as bring illegal material. So Because the Quantitative restriction under the treaty no longer applies, Mr and Mrs Dale will be able to challenge this rule. If the Quantitative restrictions still applied, then the French government would have the right to see this action as a breach and charge Mr and Mrs Dale. Art 263 allows for the application of judicial review, for privileged and non-privileged applicants, where there is lack of competences, breach of essential procedure, infringement of treaties and law in relation to its application and misuse of power. Discuss the process of judicial review under Art 263, what are the requirements for judicial review. Discuss privileged and non-privileged individuals Discuss the requirements that class a party as a non-privileged individual? Will the parties compensate for breaching the law? and how? (A1) Les Douanes (French equivalent of HMRC) discovered a crate full of pornographic DVDs in the ships hold and have detained the ship on the suspicion of the unlawful importation of banned materials. The quota is a directive, what requirements must be present to show that it is a directive? The directive can only be challenged vertically, what is the process? In regards to transportation of materials, member states cannot aid national courts when it comes to discrimination against imports.
Discuss the requirements that class a party as a non-privileged individual?
