Law of the European Union

LAW OF THE EUROPEAN UNION

Rights and remedies for Jim and Bill are similar , however , their application is different dependently on their workplace . Jim works in the state school , thusly the state of Great Britain is directly responsible for working conditions and fulfillment of Directive 2005 /45 /EC . Bill is employed in a private school , so there is no direct responsibility of the state for working conditions in the school However , UK , as a member of the European Union , is obliged to amend it 's legislation considering the requirements of the Directive

, and monitor the fulfillment of the Directive by it 's subjects

It is possible to speak about two groups of rights for Jim and Bill in the case . The first group of rights concerns material law and includes rights on healthy working conditions and health protection . The second group concerns procedural law and includes rights to apply to court for protection of violated rights . This consultation shall further consider both groups of rights

Material rights

European Social Charter , a party to which the UK is , guarantees safe and healthy working conditions ' for all workers . The rights under the Charter may be exercised by both Jim and Bill as citizens of the European Union and citizens of a state-party to the Charter . Great Britain , in turn , bears obligations to provide all it 's employees including Jim and Bill , with such conditions . This obligation of Great Britain includes an obligation to issue corresponding health regulations and to enforce such regulations

Directives of the European Union are binding for states upon which they are addressed , but only in respect of result . States are free to chose an option for fulfillment of a directive . Directives are to be introduced to national legislation in the form of respective regulations . Great Britain had an obligation to ensure the fulfillment of the Directive . The fact , that it has not made any amendments to the national legislation is not yet a violation , however , the fact , that despite of Directive 2005 /45 /EC , the health of teachers has been injured , may be considered as a breach of UK obligations in the EU

Except for European law Jim and Bill may turn to general international law , including universal Declaration of Human Rights . Under article 25 of the Declaration everyone has the right to a standard of living adequate for the health and well-being of himself and of his family This right includes right for safe conditions of work , which are not harmful for health

Article 7 (b ) of the International Covenant on Economic Social and Cultural Rights guarantees to all workers safe and healthy working conditions . Article 12 of the same Covenant provides everyone 's right to the enjoyment of the highest attainable standard of physical and mental health . The States under the same article undertake to take all necessary steps for the improvement of all aspects of environmental and industrial hygiene

Under article 41 of the European Convention for the Protection of Human Rights and Fundamental Freedoms...