Advice on Frances Rights under the Law Essay Example | Topics and Well Written Essays - 2500 words

Advice on Frances Rights under the Law - Essay Example The facts of the case are that Frances made the order for the computer system on June 5, 2012, and paid the full amount of  £3,000 to Avalon Computers Ltd. Avalon is a mail order firm. The system was delivered three days later, but Frances wished to return the computer system, still in its box and unopened/unused, a week later. She asked to return the system in exchange for a refund via fax, but Avalon said no. The objective of this note is to be able to give Frances advice on her rights under the laws of the European Union, related to her being able to secure the refund from the mail order company Avalon. This note also covers advice on where else, by way of person or body, Frances may be able to get redress for her situation (â€Å"From the Instructions†).It is worthwhile, as a prelude to giving advice, to go over the relevant legal literature on the issue at hand. First, the quoted legalese above is in the form of a directive, and it is worthwhile to know the nature of a directive under the European Union laws. Directives are one of three types of legislation in the European Union, with regulations and decisions being the other two. Directives, in essence, are â€Å"general rules to be transferred into national law† by member countries as the countries see fit or appropriate to do so. This is opposed to a regulation, which has the force of a national law, with the exception that regulations have the force of being a law applied to all of the member countries.... Directives, in essence, are â€Å"general rules to be transferred into national law† by member countries as the countries see fit or appropriate to do so. This is opposed to a regulation, which has the force of a national law, with the exception that regulations have the force of being a law applied to all of the member countries. A legal decision, meanwhile, is different from the first two, in that it has specific application to particular organizations or persons (European Commission). The European Commission itself has the compliance and application responsibilities as far as the laws are concerned, for all of the member states. The work includes making sure that the countries infuse into their national laws the laws of the European Union. The Commission is also responsible for monitoring the compliance of member countries towards EU directives as they are timed for implementation (European Commission (b)). One discussion further reinforces the differences between directive s, which are binding in general to the member states for their own implementation and translation into the national laws of the country, and regulations, which are generally applicable to all the member states without need for legal translation into the countries’ individual national laws (BBC): Under the process known as "transposition" the directive sets the framework but the practical details of implementation are left for the member states to decide. By contrast, regulations have "general application". That means they are binding on individuals and effectively form part of domestic law as soon as they are made. It is generally only necessary to amend existing national provisions that are inconsistent with regulations, rather than make new legislation altogether. (BBC) It is to be made