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INTENDED LEARNING OUTCOMES Outline the development of EU law and discuss the re



INTENDED LEARNING OUTCOMESOutline the development of EU law and discuss the relationship between national and EU law.Identify and present central parts of the contents regarding the EC treaty rules about free mobility for goods, employments, individuals, and capital.ASSIGNMENT GUIDELINESYour individual assignment consists of two problem questions in which you have to advice based on the material seem during the course. Each problem question is worth 50 points. To obtain full grade while providing advice you need to state the applicable case law and regulations.ASSIGNMENT QUESTIONSFirst problem question:Supremacy, direct effect, indirect effect, and state liability.Fred is a laboratory technician employed by the Department of Foreign Affairs and Trade in Ireland. He has encountered problems at work and is considering bringing proceedings against his employer.(Fictitious) Directive 2003/555 (‘the Directive’) provides that all overtime worked by laboratory technicians must be paid at no less than three times the normal hourly rate. The Directive also provides that laboratory technicians must receive health and safety training. An annex to the Directive sets out the details of the required training, which must include sessions covering all new handling techniques relating to toxic substances. The deadline for implementation of the Directive was 31 December 2005.The (fictitious) Laboratory Technicians Act 1950 (‘the Act’) provides that all overtime worked by laboratory technicians must be paid at no less than twice the normal hourly rate. The Act also provides that all laboratory technicians must receive health and safety training but does not specify the content of the training.Fred occasionally works overtime and, under his contract of employment, receives twice his normal hourly rate of pay. He is dissatisfied with this but when he complained, his employer pointed out that this overtime rate complies with the Act.Last month, Fred came into contact with a toxic substance at work and, as a result, suffered respiratory problems. Whilst Fred has received health and safety training, he has not received training in recently developed handling techniques for toxic substances. He believes that, had he received such training, he would not have been exposed to the associated health risk.(a) Advise Fred as to whether he has any cause of action against his employer under EU law.(b) How would your answer differ (if at all) if Fred was employed not by the Department of Foreign Affairs and Trade but by Fyso (UK) plc (‘Fyso’)?[For the purposes of this question, you are NOT required to consider any possible action for damages against the Irish government.]Second problem question:Free movement of goods.Freddie is Spanish manufacturer of widget-grinding machines (‘WGMs’), which he has supplied to widget manufacturers in the Spain and France for the past ten years. Freddie now plans to import his machines into Portugal.Freddie has learned that under Portuguese legislation a licence is required for the import of WGMs. Licence applications are considered by the Portuguese authorities in January and July each year. Freddie has been told that Portugal places an annual limit on the number of WGMs that may be imported and has regulations stipulating that manufacturing machinery, including WGMs, can only be sold through government sales outlets.Portugal also has health and safety legislation requiring all WGMs to be fitted with an external ‘vacuum filtration’ unit to collect particles emitted by the grinding process. This legislation has recently been introduced following the publication of a research study conducted in Portuguese heavy industry. The study suggests that, over the past six months, the number of new cases of industrial lung disease has been significantly lower amongst widget-grinding operatives working on Portuguese-manufactured machines (most of which already comply with the new legislation) than amongst operatives working on imported machines (none of which currently complies). Freddie’s machines do not comply with the Portuguese legislation. They are fitted with internal ‘vacuum filtration’ units which, in Freddie’s view, operate much more efficiently than the externally fitted filtration units required by the legislation.Advise Freddie as to the application, if any, of EU law on the free movement of goods to all aspects of this situation.Begin with a very brief introduction to the free movement of goods in the internal market, referring to Article 26 TFEU.

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