EU Law

Competition Law: Article 102

Article 102 TFEU prohibits the abuse of a dominant position within the EU. For a business to breach Article 102, they must have been in a dominant position, be abusing that position, which has an effect on member states. (more…)

Competiton Law: Article 101

Article 101(1) of the TFEU identified that all agreements, decisions and concerted practices between undertakings, which may affect trade and have as their objective or effect, to prevent, distort or restrict trade within the single market. (more…)

Social Policy: Sex Discrimination

EU law prohibits discrimination generally over all subjects. There are many heads of discrimination that are applied differently and rely on different regulations and directives. On the syllabus I am working from only sex discrimination is covered, which is the one I will be covering in this post. (more…)

Free Movement of Establishment and Services

The principles in regard to free movement of establishment and services are fairly similar to those of Free movement of goods. It makes sense that all freedoms are applied in similar ways in order to make it fair and make sure that they remain a freedom. (more…)

Free Movement of Goods

The next 3 blog posts are going to be centered around the 4 fundamental freedoms of the EU: goods, services, establishment and workers. These are 4 key principles of the EU and it is important to understand how they work. All EU citizens are influence by this, whether its because of the food and products in the shop we buy, or going on holiday, working around the EU and operating a business around the EU. There are in many ways interlinked and have similar provisions government them and the rules on how a member state can restrict these fundamental freedoms at times. All will be explored in due course. (more…)

Direct Effect, Indirect Effect and State Liability

Direct Effect and Direct Applicability

Direct effect and Direct Applicability are 2 principles that are similar but should not be confused. Direct Applicability is the automatic incorporation into national law. Both Treaty Articles and Regulations are directly applicable, regulations are not, they must be implemented by the member state. The idea behind this is that they will be able to interpret the law that the EU wish to impose and do so in a way that will be most effective and efficient for that country. (more…)