Write 8 pages with APA style on Law and Institutions of the European Union. l felt its curriculum which requires 5 hours of physical activity weekly and includes gaming activities was sufficient to meet the statutory requirements and refused to make additional changes to the curriculum. Since Section 3(1) of the SI which incorporates Article 3(1) of the Directive requires at least three hours of physical activity, the 5-hour requirement is not a problem. There is a danger, however, that games which do not meet the statutory definition of sport and physical exertion may be used to satisfy the five-hour requirement and is therefore tantamount to the improper application of the Directive. This amounts to a derogation from the Directive’s purpose as set forth in the preamble. The preamble provides that the Directive’s purpose is to promote participation in sport and physical activity with a view to reducing obesity in children under age 16. In order to derogate the UK government would have had to seek permission, but this would not prevent the direct effect of the Directive.
By virtue of the doctrine of direct effect, Maria is entitled to rely on the preamble to the Directive and to insist upon its application insofar as it impacts her. By virtue of the doctrine of direct effect individuals have the right to expect national courts to uphold community law.2 While Maria may not insist on the removal of the gaming activities from the curriculum she can insist that the mandatory requirement of 5 hours of physical activity include at least three hours of sport or physical activity that meet the definition contained in Article 2 of the Directive and Section 4(1) of the SI.
To start with, it was held in Publico Ministero v Ratti that Article 189 of the EC Treaty mandates that regulations have the force of law in the Member States provided they are “unconditional and sufficiently precise.”3 This ruling will also apply equally to Directives since the European Court held in Van Duyn v Home Office that Regulations and Directives are unconditional .provided they were not subject to some measure of ‘judicial control.