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BRIEF INTRODUCTION: Maczonkai Mihaly Associate professor PhD Faculty of Law University of Pecs Hungary

On European Law in a Nutshell. BRIEF INTRODUCTION: Maczonkai Mihaly Associate professor PhD Faculty of Law University of Pecs Hungary. 3. 3. 1. Development of the European Union. Institutional Framework of the EU. 2. Scope of European Law. 3. 4.

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BRIEF INTRODUCTION: Maczonkai Mihaly Associate professor PhD Faculty of Law University of Pecs Hungary

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  1. On European Law in a Nutshell BRIEF INTRODUCTION: MaczonkaiMihaly Associate professor PhD Faculty of Law University of Pecs Hungary
  2. 3 3 1 Development of the European Union Institutional Framework of the EU 2 Scope of European Law 3 4 Nature and Remedial System of EU Law I、II Contents On European Law in a Nutshell 5 Two unsolved problems in EU law
  3. Development of the European Union Post Second World War situation in Europe *Economic effects of war *Declining powers of Europe *Fears from Soviet Union
  4. Development of the European Union Attempts of Integration in Western Europe I European Coal and Steel Community 1952 – 2002 European Union (inner six: Belgium, France, Germany, Luxembourg, the Netherlands, Italy) European Defense Community 1952  (Korean War)
  5. Development of the European Union Attempts of Integration in Western Europe I Organization for European Economic Cooperation (OEEC) 1948  OECD 1960 - Council of Europe 1949 (European Convention of Human Rights) Western European Union 1948 NATO 1949
  6. Institutional Framework of the EU
  7. Development of the European Union Attempts of Integration in Western Europe II European Economic Community, Euratom 1958  European Union European Free Trade Association 1960 (outer seven: Austria, Denmark, Great Britain, Norway, Portugal, Sweden, Switzerland)
  8. Scope of European Law Law of Economic Integration
  9. Law of Economic Integration The four freedoms and the internal market
  10. Law of Economic Integration Common policies
  11. Nature and Remedial System of EU Law I Nature of EU law (federal law?) Sources of EU law Treaties Regulations Directives (aim, basic content  EU, methods to achive the aims  member state) Decisions
  12. Nature and Remedial System of EU Law I Direct effect of EU law Right to claim a right before a national authority on the conditions that the rule is unconditional and sufficiently precise Direct effect of Treaty van Gend en Loos v Nederlandse Administratie der Belastigen (1963) Direct effect of directives and decisions van Duyn v Home Office (1974) Grad v Finanzamt Traunstein (1970)
  13. Nature and Remedial System of EU Law I Undirect effect Damages aginst the state for non implementation of directives Francovich and Others v Italy (1991) Interpretation in the light of Union law von Colson and Kamann v Land Nordrhein-Westfalen (1984)
  14. Nature and Remedial System of EU Law II
  15. Two unsolved problems in EU law Federal law without federal judiciary Federal law features: direct effect, supremacy Weakness of preliminary ruling procedure: discretion of last resort courts to refer Exemptions from the obligation to refer Interpretation not relevant Previous judicial practice in similar cases (precedent) Clear case CILFIT and Lanificio di Gavardo SpA v Ministry of Health (1982) Role of judiciary Lack of detailed rules (charges equivalent to custom duties) Koopmans (former judge) – theory of corrective judiciary
  16. THANKYOU
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