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Words: | Submitted: Mon Jun 19 2006
... that: "A directive shall be binding, as to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authority the choice of form and method" The concept of directives was established in the Van Duyn case2 in which a Dutch citizen hoped to take up residence in Britain on the basis to fill the post of secretary to the church of scientology her entry in to the UK was refused on the grounds of public interest. She validated this claim by pleading article 3(1) of directive 64/221 which regulates the conditions in which member states may plead the public policy exception stated in article 39(3) EC treaty. The ECJ found her appeal successful as this subsection of the directive met the criteria for direct effect. The directive could be enforced, but the UK would have to recognise the binding effect upon them. ...
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