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B.A BUSINESS STUDIES BUS361 BUSINESS LAW. Transposition of EU Law into National Law.

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Presentation on theme: "B.A BUSINESS STUDIES BUS361 BUSINESS LAW. Transposition of EU Law into National Law."— Presentation transcript:

1 B.A BUSINESS STUDIES BUS361 BUSINESS LAW

2 Transposition of EU Law into National Law

3  Normative and legislative uniformity throughout member states  Primacy of EU Law  Loyalty towards the EU

4  Direct Effect  Indirect Effect  State Liability Action  Judicial Review  State Liability Action  Judicial Review

5 General application Binding in their entirety Directly applicable

6  Binding as to the result to be achieved  Member states choose the form and methods to achieve objectives  Transposition must be effected within the period laid down in a directive  Effet utile

7 Van Gend en Loos: 1. Sufficiently clear and precise 2. Unconditional 3. Not subject to any further measures by Community institutions or Member States 4. Implementation of a provision would require no further measures taken from a Member State and the European Community

8  Defrenne v Sabena  Faccini Dori  Francovich  Pecheur/Factortame

9  Article 263 and 265 of TFEU  Conditions for judicial review: Direct and individual concern Regulatory act  Plaumann v Comission  Jego-Quere & Cie SA v Commission of the Eureopan Communities

10 Thank you for your attention!


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