Direct Effect, State Liability, Indirect Effect

Dual citizenship

As per the law of UK, people can live in UK with having dual citizenship or it can be said that dual citizenship is allowed in the UK (Dual Citizenship, 2019). It is also stated that this law of dual citizenship will not be changed for EU citizens who are currently living in the UK until 30 June 2021. As per the law it is also stated that if an individual is from EU, EEA and Swiss citizen as like Anna then she and her family can apply to EU settlement schemes and other benefits.

Indirect effect: Indirect effect arises from the failure of a member state to implement a directive—either correctly or at all—but where direct effect cannot apply because the party against whom the directive is sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the directive direct effect.

As per the right to education law of UK, children from non EEA countries who have dual citizenship and living in the UK for more than 5 years they have right to take education in England on the basis which they attend an independent, private and fee paying university. As per the consistent interpretation Universities and schools cannot deny who come in this category ([1]Christopoulos, 2020). So, as per this law of England, Anna can take admission and apply for higher education in the UK if she has dual citizenship. No one can deny her to take admission or pay more then local students and those students who have citizenship of the UK. It is stated that Anna feels discriminated on the basis of her dual citizenship.

As per the article 14: right to education: As per the European convention on the human rights, EU universities can not deny students who have dual citizenship. Students or Anna who has citizenship of UK and Geek, she can enrol for higher education and cannot be refused by universities to have access to training as well as education in England (Admission and Entry to University, 2019). Some rules of European are quite different than other countries or German rules. It is stated that UK cannot restrict people who have willingness and wish to come to their country after being taken in by Greece. So, as per the right of education and law of EU it can be said that Anna can take admission and enroll in higher education in the UK. She has right as per the EU law to brink an action against High Garden University.

It has been analyzed that Anna’s application to get enroll in High garden college was rejected on the basis of nationality. College claim that British nationals were not allowed to study in their University. From the case study it was analyzed that Anna was of both nationalities that is Greek and British as her parents got separated.

According to right to education No person shall be denied the right to education. In the lieu of any task that it assumes in context of education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. So it is clearly stated that Anna’s application rejected on the basis of nationality is wrong. If such incidences took place by Universities, then students or their parents can put claim on university for this wrongful deed.

Education is the most important human right; no child can be denied of this. It is their fundamental right. If any university is engaged in breaking the law, then suite can be filed against them. This can hinder reputation of college ([2]Arrowsmith, 2018). It can also happen that it reduces number of enrollment of students taking admission in University. If students are not given education which means that Universities are violating laws that is being given feedback.

According to law, individuals can have dual citizenship, there will be no change in rules and regulations have UK citizenship and living in UK till 30 December, 2021. So Anna has full right to get admission in which ever university she liked. Students can apply for citizenship of other country by keeping British Citizenship with them. In this criminal case can also be filed against university, if they do not provide education to student because of their nationality. It means they are violating laws, rules and regulations that is being implemented by them.

Anna can file a suit against university as they have rejected her application based on citizenship. In this she can also claim for remedy. College authority for this can also be imprisoned and may be fine up to £1,000. Number of other cases can also be filed against University for such offense as right to education is fundamental right of every student

Direct effect- (Sofia)

This is termed out as the relationship between the citizen of members state and European Union. In the present case scenario, Sofia holds only one citizenship as Greek. She only moved to the UK in the Autumn 2018 for purpose of study hence she has only one nationality. In order to undertake the planning to get enrolled in higher education. Sofia lodged their respective application in the university of Winterfell, it is private university that located within North East of England that offers effective courses to the students who wish to develop the career in accountancy. After some time, Sofia receives the letter that her application has been accepted but she has to pay the whole university fees of the three years in the advance. She has suffered from the direct effect as she was bound to pay the three years of fees in advance.

In the present scenario, Sofia has suffered from direct effect as vertical effect that has been defined under Van Gend En Loos. In this, it is clearly mentioned that actions against the State Citizen v State. Therefore, the measures of EU law creates the obligation on state to ensure about the rights that must be given to citizen correctly. In the Van Gend En Loos, this has been clearly mentioned that for undertaking the direct effect the three condition must be fulfilled as-:

• Provision must be sufficiently clear and precise.
• The given provisions needs to be unconditional and non dependent.
• There must be an identifiable right that has granted by the treaty.

Case- Sofia lodged her application to Winterfell university to undertake the course of Accountancy. Thus, her application hot accepted but she asked to deposite three years of fees in advance in first year only. This was the direct discrimionation.

Argument- It has imposed on her on the part of direct discrmination and this has direct effect. In this way, she has right to sue as she felt that no unreasonable disparate treatment existing or perspective student is allowed within the university management.

Held- The decision is binding within the entire form on the party to whom it is addressed. Therefore, this is addressed to the parties in breach of Europeon obligations. Thus, University Winterfeel is responsible for this act as they do not make any kind of discrimination.

The scenario with Sofia states that Sofia didn't get the admission in Winterfell university firstly due to Greek nationality and because university was charging the advance fees of around three years collectively. According to the Article 29 and Article 28 of the right to education act, Sofia has the legal right to sue university for making discrimination as well as forcing her to pay the fees of three years collectively ([3]Dupont, 2019).

State liability

The directive no 2017/88 on the right to education states that no university of the educational institution and discriminate the candidates on the basis of nationality, sex, age, caste. It is illegal offense to consider these factors while providing admission in the university or college. Besides this, the directive also addresses that no university can force the students or candidates to pay the additional money just on the basis of their nationality. Besides this, the elementary education act of 1870 in UK states that each and every child have the right to get education and cannot be discriminated on the grounds of their social status, race, caste, age , nationality, sex etc.

As in this case, Sofia is upset and also frustrated as the university did not give her admission because she belongs to then Greek nationality. This is purely the discrimination where due to having EU nationality she will have to pay fees of three years in advance ([4]Hudson and Murray, 2018). On contrast to this, Children having British national can pay the fees on yearly basis. The National Education league in UK under the Education act, 1879 claims to provide the compulsory education to all the children where no children would be discriminated and differentiated on the basis of their nationality in terms of the fees. Thus, this shows that University of Winterfell clearly discriminating Sofia and is compelling her to pay the fees of three years in advance. In accordance to Right to education, Sofia has the full right to sue the management of this university and this law allows her to file a case against the university in court. European court of the justice has developed the general principle of the state responsibility for the non-compliance with the EU law. The state liability basically stresses that the member states of EU are concerned with implementing and enforcing EU laws. Thus, as per the state liability of EU, University cannot prevent Sofia from taking admission on grounds of her nationality. Sofia has the fundamental right to take this university to the court and file the case of discrimination ad differentiation on the management. Besides this, as discriminating is punishable offense thus Sofia can take administrative actions on the university violating the act. In addition to this, Sofia can also file the case of mental harassment on University as this could result in the mental disturbance of Sofia. In addition to the case of mental harassment, the article 19 of the convention provides her the fundamental right to report for mental abuse and assault in the court. In view of this, the university and its management might encounter imprisonment of around 7 years or the court might cease their university or both. Thus, in this case Sofia has been discriminated on the basis of nationality thus the law of UK provides her basic right to report against the university and take legal actions ([5]Wright, 2019).

Each individual has right to education no matter from where they belongs. Thus, no person can be denied to right to education. Thus, right to education is the basic human right. To provide the effective educational rights to each individuals within the UK, The National Curriculum of England has been designed to meet the requirements of all the students, to stretch brighter children by advancing their education and to support those who need it through differentiated teaching and learning activities.

As per the doctrine of the direct effect stated this is the doctrine that enforce their rights under the EU law directly and this is opposed to member states that have the ability to do so. For a directive to have direct effect, there is a further requirement that the time limit for implementation by the member states has expired.

Thus, UK law defines that every one has the right to freedom of expression. This defined as an each individual has the right to express lawful views and opinions freely in the form of speech or writing. It has been written in the European court of the human rights about the right to freedom of expression and this is one of the essential foundation of democratic society ([6]Harry, 2020). It is the right that provides each individual the right to exchange the information, debate, ideas etc. Therefore, respectful debate and conversation assist to challenge the discrimination and get rid of the intolerance and any harmful impact of the educational provides will not be entertain. It is the right that also applicable to the higher education and number of the traditional universities are bound to follow the laws and legislation. The right to freedom of expression is mainly made up for sharing the ideas freely as this crucial to enhance learning. 

In the Human rights act 1998, the all public bodies needs to comply with the right that are framed out within he European convention on the human rights. It is inclusive of the Article 10 that protects the right to hold the opinions and express then freely without any interference from the public bodies. This is the article that protects the individual from getting discriminated ([7]Simmons, 2020).

In the given case scenario, the Sofia was facing the indirect discrimination as she has to pay the fees for higher education for three year in advance ([8]Vaccari, Smets and Heath, 2020). In addition to this, indirect discrimination can arise at the time when policy applied to each individual but this has discriminated any particular person due to certain characteristics. In the given case, Sofia is upset and also frustrated as there are number of the universities that did not give her admission and the only the reason was that she belongs to Greek nationality. It has been reflected the purely discrimination where due to having EU nationality she will have to pay fees of three years in advance.

Therefore, the universities and colleges are needed to be comply with the discrimination legislations and number of the acts that has been specified provision needs to be set in the universities. In addition to this, it also has been noted that the discrimination in the education defined as the act of discriminating against the individual belonging to the certain categories in terms to enjoy the full right of the education ([9]Erickson, Hanna and Walker, 2020). It is the kind of the act needs to be considered as violation of the enunciated of the human rights. This is highly recommended that discrimination on any ground is defined as the unequal treatment to an individual on the grounds of one or more and the protected characteristic needs to be included in the Equality act 2010. The right to education within the UK is provided under the schedule 1, first protocol within the article 2 of the human rights act of 1998. This is act that has clearly stated that no person will be denied from right to education.

Advise Sofia of the directive and rights if any?

In the given case the Sofia has right to lodge the complaint against the university in which she wants to undertake accountancy course. She can file the complaint as per the provision of EU law to bring the action in front of UK court or tribunal. She also has right to pay the university fees yearly rather than paying in advance for three years. Therefore, the university is responsible for this kind of the act and they can impose fine and imprisonment for this misconduct.

Legal education system within UK-:

Legal education system of the country is totally dependent upon the legal system it follows and this inclusive of national policies in relation to higher education and requirements as per the legal professionals ([10]Vaccari, Smets and Heath, 2020). In the UK, there are mainly three septate legal jurisdiction such as are UK, Wales and Scotland etc. Therefore, all of the three laws are mainly based on the common law system within the United Kingdom. In addition to this, there is strong European relationship within the UK legal educational system. As per the legislation of the UK, this is crucial to treat the each individual equally and all are responsible to undertake the education and that also on free from biases. This is crucial that the quality of the legal education within the United Kingdom plays the vital role and this must be maintained by the general scheme of quality assurance.

The EU law has been stated that education discrimination is mainly based on the terms as ethnicity, nationality, age and gender, economic conditions etc. Each individual needs to be free on the basis of direct and indirect discrimination ([11]Simon, and Ward, 2020). Therefore, the equality act needs to apply to all the universities so that each individual needs to be free from discrimination. Henceforth, this can be stated that article 26 of universal declaration of Human rights that protects the individuals from biases. This is the right that also has been stated that individual has right to be free at least at the level in the elementary and fundamental stages. Thus, the right to education is defined as the legal law that must be free from ground of discrimination ([12]Igbinakhase and Naidoo, 2020). The one of the prime object of this act stated that provision is to guarantee the right of access must be existing in relate with the all educational facilitates.

The article 14 i.e. right to education includes followings are-:

• Each individual within the universities has right to undertake education and they also have reasonable access to vocational and continuing training.
• It is the right that has also mentioned about the possibility to gain the free compulsory education.
• The each individual who wants to gain the education has freedom to found the educational establishment with respecting the democratic principles ([13]Harry, 2020 Simmons, 2020).
• This act also states the right to parents to ensure about the education and teaching to the children so that they can study in the conformity with their spiritual, pedagogic and philosophical views.

CONCLUSION

Hereby, it can be summarized that direct impacts result from any action occurring at the time and location of the action. On the other hand, indirect impacts are generally predictable, happening due to actions that occur later and away from the original location of the action. For further clarification on these concepts, students can seek assignment help UK.

Furthermore, the report is based on a case study to address concerns related to the phenomena of direct effect, indirect effect, and state liability. The study will focus on demonstrating knowledge and a wide range of principles of the EU. Additionally, the assignment includes factual and legal information. Using a grammar checker can help ensure the clarity and accuracy of the report's content.

Also Read- Purpose and Scope of Human Resource Management

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