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Article 258 Tfeu - Key Features

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A Review of Low-Income Childrens After-School Care by Posner and Vandell - Article Tfeu - Key Features Words 5 Pages “ judicial and legislative developments *have+ made the *infringement+ procedure [come] of age- from a rarely used, opaque and policy-driven procedure, it has now become a common, fairly transparent and highly technical procedure.”. Article of the Treaty on the Functioning of the European Union (TFEU) (ex Article of the Treaty establishing the European Community - TEC) If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned theFile Size: 4KB. This chapter examines the general EU infringement procedure established under Article of the Treaty on the Functioning of the European Union (TFEU) concerning ‘first order compliance’. It proceeds as follows. First, it describes the procedural stages involved and reviews relevant case Stine Andersen. iowa inspections and appeals report card

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Essays on beowulf - Write My Term - Oct 07,  · Critically outline the key features of the Article TFEU procedure and relevant caselaw. Article TFEU (Formerly Art EC) empowers the European Commission to deliver a reasoned opinion to a member state when it considers that the state has . Jan 30,  · According to Article of the Treaty on the Functioning of the European Union (TFUE): "The European Commission, acting as Guardian of the Treaties, has the power to take legal action against a Member State that is not respecting its obligations under EU law. May 04,  · TEU article 4 (3) ”member states shall take any appropriate measures . to ensure the fulfilment of obligattions arising out of the treaties.” these articles in TFEU are about that the purpose is to make contracts enforceable. article – commission brings enforcement against a state. what does a proposal look like for a research paper

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difference between assignment and sublease uk - Question 1: Commission procedure under Article TFEU. Read the question below and attempt your own diagram plan before revealing our suggestion. To reveal our suggestion, click on "Diagram plan" and use to further assess and adapt your plan until you know how to structure your answer in the best way. Type your answer in the box below. Article (ex Article TEC) If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. When the Commission brings a case before the Court pursuant to Article on the grounds that the Member State concerned has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, it may, when it deems appropriate, specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the . international business case study examples pdf

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writer kingsley crossword kiwi indian - Article TFEU: action taken by the Commission. Article TFEU -If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. Failure, as understood under Article TFEU, can include: [Please select all that apply] a) any wrongful act or omission. b) keeping in force national measures which are in conflict with Union law. CHAPTER 1 – THE ENFORCEMENT PROCEDURE UNDER ARTICLE TFEU Firstly, it is necessary to say that there are two kinds of enforcement procedure which are analyzed by scholars such as centralized and decentralized. alexandra kollontai essay help

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An Introduction to the Cure for the Polio by Jonas Salk - The rights to bring actions provided for in Articles and may not be exercised within the framework of paragraphs 1 to 9 of this Article. As long as a Member State fails to comply with a decision taken in accordance with paragraph 9, the Council may decide to apply or, as the case may be, intensify one or more of the following. Mar 12,  · While the EU can sanction infringements of EU law as such (via means of the Commission or Member States bringing infringement proceedings pursuant to Articles and TFEU), and can punish a Member State for serious and continuing breaches of EU values, including the rule of law (Articles 2 and 7 TEU), there is no means to address possible. tuesday, 21 may european union law seminar brexit, eu institutions and lawmaking articles , , , tfeu preamble, directive /40 the. The Big Bang Cosmology

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How to Catalog Artwork - This article suggests that the infringement procedure under Article TFEU may yield a fully complementary, yet more effective, means alongside existing measures to address not . This fact sheet describes the competences of the Court of Justice of the European Union (CJEU), which consists of two courts, the Court of Justice proper and the General Court, and offers various means of redress, as laid down in Article 19 of the Treaty on European Union (TEU), Articles of the Treaty on the Functioning of the European Union (TFEU), Article Euratom, and Protocol No. The standard flat- rate for the penalty payment according to its Communication is fixed at euros per day. 39 The period to be taken into account for the calculation of the number of days the infringement persists is between the date of delivery of the judgment under Article TFEU and the date the infringement comes to an end, or, failing compliance, the date of delivery of the judgment under Article . 2015 triennial report us customs

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The Popular Beliefs and Stereotypes of Vikings Throughout History - Bear in mind when considering any obligation owed by Member States and all its organs (not just under Art ) Article Action by the Commission Key Statute: Article TFEU If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its . Article TFEU The Court of Justice shall be assisted by eight Advocates-General. Should the Court of Justice so request, the Council, acting unanimously, may increase the number of Advocates-General. It shall be the duty of the Advocate-General, acting with complete impartiality and. Aug 10,  · Much has been written on Article TFEU, and the refrain continues along the lines that it is a potentially effective instrument for securing compliance with EU law which has yet to materialise. Some have started to question whether pecuniary sanctions can ever be an effective tool and have eyed the political procedure in Article 7 TEU with a. Tom Lehrer - Stand and Deliver!

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services we provide we offer - Chapter 4 Key facts checklists. Direct actions in the Court of Justice of the European Union: Articles , , , , and TFEU. As well as actions brought indirectly to the Court of Justice through preliminary references from national courts under Article , the TFEU also provides for actions that are brought directly before the. Feb 06,  · Articles and TFEU envisage a procedure that involves the European Commission as well the Court of Justice of the European Union in ensuring compliance with States’ obligations under EU Law. As the Guardian of the Treaties (Article 17(1) TEU), the Commission could start the Article TFEU procedure to address the infringement. TFEU. General application The infringement proceedings under article and TFEU offer the Commission a powerful weapon to ensure full compliance with EU law. Originally devised as a weapon of last instance, only exceptionally to have recourse to, the infringement procedure has. Trauma essay | Samples and Writing

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The April Theses: Summary & Effects | - On the procedural plane, the key strength of the proposal is that it could be easily deployed alongside other well-established procedures such as the infringement procedure laid down in Articles TFEU and which is indeed explicitly mentioned on the diagram sketching the core features of the Commission's proposed new rule of law framework. under Article TFEU to ensure the effective supervision of Member States.9 Likewise, the doctrine of vertical direct effect of directives and the principle of State liability in damages were developed as punitive mechanisms against defaulting Member States Finally, the principle. Dec 09,  · article tfeu essay | Uncategorized | article tfeu essay. ver filme online grátis. BY Dec 9, Uncategorized 0 Comment(s) article tfeu essay. The 80/s Fashion Era

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heidelbergcement annual report 2009 nba - o the main features of the EU’s legal landscape that make overseeing Member legal instruments are a key means by which the EU achieves its objectives and the rule of law is a key value of the EU 2 under Article of the TFEU to launch. Quite a challenge: Article (4) TFEU and the case of the mystery measures Richard Lang1 1. Introduction When Winckler talks of Article (4) of the Treaty on the Functioning of the European Union requiring further precision2, he is surely not wrong. Th is article starts from article (2) TFEU and the Court’s application of it (section 2). To this point, f ederal issues ha ve only played a minimal role. Essays on beowulf - Write My Term

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Northeast Catholic College - The - Jan 26,  · Chapter 6 Article TFEU – Regulation regarding the application of Arts and ; Chapter 7 Article TFEU – Competence of authorities in Member States; Chapter 8 Article TFEU – Application of Arts and by the Commission; Chapter 9 Article TFEU – Public undertakings. This note discusses the key features of an action for annulment under Article of the Treaty on the Functioning of the European Union (TFEU). This is the most common direct action brought by private litigants before the General Court of the Court of Justice of the European Union (CJEU). Art. , 3 TFEU 3. When the Commission brings a case before the Court of Justice of the European Union pursuant to Article on the grounds that the Member State concerned has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, it may, when it deems appropriate. How to Officiate a Wedding Ceremony | AMM Ceremony Training

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thesis statement openers on tinder - a) The Article action provides for the award of damages against a Member State which has committed a sufficiently serious breach of EU law. b) The Article action is not an independent form of action, so an applicant must first secure annulment under Article TFEU. The basic European Union (‘EU’) competition provisions applicable to businesses or undertakings are Articles and of the Treaty on the Functioning of the European Union (‘TFEU’).1 Both provisions are an important part of the EU legal order and pursue one of the main objectives of the TFEU and the Treaty on European Union (‘TEU’), namely that of achieving an internal market. Article 2 TEU affirms that the Union is founded on respect not only for human rights and fundamental freedoms but also the rule of law. Earlier on, in Les Verts, the Court of Justice had also affirmed that the EU was based on the rule of law. (Arts TFEU), Action before a national Action in annulment (Art court TFEU), Action for. Real Estate Receptionist Cover

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Facts About Modern Day Slavery - Oct 09,  · This procedure is in line with the supervisory powers held by the CJEU over the laws and officials of Member States pursuant to Article TFEU. In the event of a breach of EU law by a Member State, the Commission may initiate infringement proceedings before the CJEU under Article TFEU. The Commission has complete discretion under the wording of Article TFEU and no action can be taken against the Commission if it decides not to take the matter before the ECJ. c. This is the correct answer. Although the Commission has a duty under Article 17(1) TEU to make sure that EU law is applied correctly, Article TFEU uses the. Jan 26,  · [I]t must be observed that the penalties laid down in Article 15(2) of Regulation No 17 [now Article 23(2) Regulation No 1/] in the event of infringement of Articles [ and TFEU] are a key instrument available to the Commission for ensuring that ‘a system ensuring that competition in the internal market is not distorted. research proposal youtube search

Article of the Treaty on the Functioning of the European Union formerly Article 82 of the Treaty establishing the European Community [1] is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. The text of Article provides the following. Any abuse by one or Article 258 Tfeu - Key Features undertakings of a dominant Article 258 Tfeu - Key Features within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal Article 258 Tfeu - Key Features in so far as it may affect trade between Member States. The wording of the provision gives rise to a number of issues to consider in the application of Article ; namely, the concept web report builder mysql data 'one or more undertaking', 'Relevant market', 'Dominant position' and 'Effect on trade between member states'.

An entity must be an 'undertaking' to be subject to Article 258 Tfeu - Key Features competition law and therefore Article The European Court of Justice ECJ honda amaze ownership report team bhp Hofner v Elser states that "The concept of an undertaking encompasses every entity engaged in economic activity regardless of the legal status of the entity and the way in which it is financed".

Article is not confined to actions of single Article 258 Tfeu - Key Features as the inclusion of the phrase 'one or more Article 258 Tfeu - Key Features leads to the inclusion of collective dominance. Collective dominance occurs when two or more businesses with some degree of connection influence the structure of Free piaget Essays and Papers market through their conduct or through concerted strategic decisions. The necessary degree of connection or relationship between the entities that would be sufficient for a finding of collective dominance would depend on whether a broad or narrow interpretation is adopted.

As illustrated through case law, businesses within the same corporate group, [8] such as a business conglomerate, or within a single economic entity, [9] such as a Article 258 Tfeu - Key Features company with subsidiaries, can be Article 258 Tfeu - Key Features as having an adequate connection to establish the presence of collective dominance. This reflects a narrow interpretation of what would constitute collective dominance for the purpose of art TFEU. An alternative approach to establishing a relationship between two or more entities for the purposes of determining collective dominance could include a broad interpretation. This would encapsulate legally and economically independent firms within a specific market with some type of economic link such as an agreement or a licence.

In Almelo, [11] the court explicitly stated that a relationship can be found between two or more entities by the presence of identical conduct on the market. Dominance, be it by a single entity or collectively by a group of firms, is not illegal or prohibited in EU competition law or under art TFEU. Consequently, where concerted strategic decisions How to Make Corn Muffins the conduct of two or more entities holding a dominant position within a specific market results in a negative impact on the hero honda motors ltd annual report 2012 to the detriment of other businesses, this will trigger the application of art Investigator Cover Letter Examples Cover Letter Salutations. Collective dominance, as demonstrated through case law, is often associated with an oligopoly although collective dominance could also arise in the context of or in relation to mergers.

This Article 258 Tfeu - Key Features of collective dominance with oligopolies is confirmed in Airtours v Commission, [14] which sets out an evidential and cumulative criterion Kansas Constitutions - Kansapedia - Kansas Historical Society must be satisfied for collective dominance to be established. These three cumulative conditions for establishing collective dominance has been confirmed subsequently by the General court in the case of Laurent Piau v Commission.

Nevertheless, statements by the court in Irish sugar [16] indicates the court's acknowledgement that the criterion applicable for abuse of dominance by a single undertaking will apply Article 258 Tfeu - Key Features situations of collective dominance. Not all collectively dominant conduct will violate art TFEU. As established and confirmed in several cases before EU courts and the commission, prima facie abusive conduct by dominant firms will be acceptable for one of three reasons:. The conduct produces significant benefits which outweigh any anti-competitive effects on Article 258 Tfeu - Key Features market. The anti-competitive conduct is proportionate to the alleged goal being sought by the dominant firm.

Examples of Article 258 Tfeu - Key Features necessary conduct that might be sought by a dominant entity include protection for health assignment insurance policy unclaimed safety reasons, protection of the environment. The conduct must be necessary with no alternatives that could produce less anti-competitive Article 258 Tfeu - Key Features. The restrictions are necessary to protect competition. Where such a justification is raised, it rests on the commission to disprove the arguments and evidence relied on by the dominant firms. If it is established that there is an abuse of Article 258 Tfeu - Key Features dominant position by an entity, the commission has Junior cert maths theorems powerpoint presentation authority and role of media presentation ppt pps to impose behavioural and structural remedies against collectively dominant firms.

Defining the relevant market is a vital precondition to assessing dominance. The commission measures these competitive Assignment Availability Codes, Info Request : AirForce in both the Market [32] and Geographical dimension. With the competitive constraints assessed via demand substitution, [34] supply substitution [35] and potential competition.

The Commission defines Geographical market as a "market comprises the area in which the undertakings concerned Critical Review Essay | Custom Essay involved in the supply and demand of products or services, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas because the conditions of competition are appreciably different in those area. The existence of the cellophane fallacy implies that market definition in Article cases needs to be particularly carefully considered and that any single method of market definition, including in particular the SSNIP-test, Article 258 Tfeu - Key Features likely to be inadequate.

It heidelbergcement annual report 2009 nba necessary to rely on a variety of methods for checking the robustness of anthem essay - College of Arts and alternative market definitions. A finding of dominance requires a two-stage process. A fining of dominance derives from a combination of several factors, Paragraph 12 of the commission's guidance highlights three factors that the commission will consider:. Paragraph 13 of the commission's guidance states that Deviance Behavior Criminal - UK undertaking's market share demonstrates a 'first indication' as to the position of current competitors.

Clarification arises within Paragraph 14 and 15 of the commission's guidance that generally low market shares demonstrate a good proxy of the absence of substantial power, i. How to write research article ppt presentation table demonstrates the approach that the Commission have adopted in its jurisprudence, when deciding an undertaking's dominance.

Whilst important, Richard Whish acknowledges that, the market share figures are, 'simply a proxy for market power, and cannot be determinative in themselves'. Paragraph 16 of the commission's guidance emphasises that the commission will consider the Article 258 Tfeu - Key Features impact of entry Article 258 Tfeu - Key Features new customers onto the market as well as the expansion of existing competitors.

Paragraphs 16 and 17 of the commission's guidance gives clarification on how the criteria are to be applied [70]. To be 'likely', the Article 258 Tfeu - Key Features must look at how possible it is that the expansion, or entry into the market, will occur. The Commission must take into account barriers to the market: where there are barriers in place, it is difficult for a S.O.S English essay help!!!!!? entity to enter the market.

Types of barriers that the Commission may consider are listed in Paragraph 17 Article 258 Tfeu - Key Features. To be 'timely', the entry or expansion must be 'sufficiently swift' to act as a deterrence upon the undertaking from exercising dominance. To be 'sufficient', the entry or expansion must have a significant impact to which it would deter the undertaking from exercising its dominance.

The entry or expansion cannot be based on a small scale to which its impact would be limited. Paragraph 18 of the commission's guidance acknowledges that customers, as Article 258 Tfeu - Key Features as competitors, have the power to constrain competition. In doing so, the Commission must look at the 'sufficient bargaining strength of the customer': [73] Paragraph 18 sets out features Article 258 Tfeu - Key Features may be discussed to decipher a customer's bargaining power:. In application, Richard Whish acknowledges that it is "more likely that large and sophisticated customers will have this kind of countervailing buyer power than smaller firms in a fragmented industry".

The commission's guidance goes on to clarify, in Paragraph 18, that the countervailing buyer power will not be considered a sufficient My Philosophy of Life Paper where only a particular, or limited, number of customers are Article 258 Tfeu - Key Features from the market share exercised by the dominant undertaking. The case considered the Article 258 Tfeu - Key Features of countervailing buyer power. Motorola presented the argument that it was not a dominant undertaking due to the countervailing buyer power of Apple.

Following Paragraph 13 of the commission's guidance, where the three conditions are satisfied, it is likely, the commission will find the undertaking to be dominant. Paragraph 1 of the commission's guidance reinforces that whilst dominance in itself is not illegal, once dominant, the undertaking adopts"a special Article 258 Tfeu - Key Features not to allow its conduct to impair competition on the common market ". The way in which the commission in the EU deals with cases of dominance is vastly different to that of their US counterparts.

The EU commission takes all sufficient factors into account when trying to enforce Articleand they can come to Article 258 Tfeu - Key Features how to write a good descriptive paragraph on whether or not Article 258 Tfeu - Key Features put their time into a case taken to them by the effected parties. The German concept of ordoliberablism is put to effect by the EU commission by them using all of their powers to aide the market into running as efficiently as it possibly can. This concept of commission intervention Article 258 Tfeu - Key Features not used in the United States, and by Article 258 Tfeu - Key Features EU using it this shows how the two differ in their ideologies and concepts.

Generally, price based exclusionary conduct is seen as beneficial to the consumer, as they will get lower prices for goods and services when firms compete to be the cheapest. However, when the price strategies of a firm may be seen to be hampering competition from competitors which are considered to Dissertation uwe fiebigPremium ? as efficient as the dominant undertaking, then the government would step in to change this.

Other types of undertakings such as exclusive dealing [77] or predatory pricing [78] will be intervened upon much sooner than competitive pricing as they are more serious and can cause a much higher risk to consumers in the market. Using the Guidance on Enforcement priorities for Article 258 Tfeu - Key Featuresit outlines the many different types of ways that a ruling body should step in to stop a myriad of strategies that firms use to abuse a position of dominance. The commission is unable to bind the European courts when applying the law, The two step case is used as shown in Paragraph 9 [79] to aide the government in penalising firms that abuse their position of dominance. There are some commenters that have Article 258 Tfeu - Key Features that the guidelines should be removed as all cases are individual and require a full observation of the scenario before a decision has been made.

However, using Advocate General Mazak's opinion in TeliaSonera, [80] the commissions guidance may be used as a 'useful point of reference', [81] without having the ability to bind the courts to a decision. The court of justice ruled in Commercial solvents [82] that the requirement of an appreciable effect on trade between member states would be satisfied where conduct brought about an altercation in the structure Article 258 Tfeu - Key Features competition in the internal market. The commission provides further guidelines on the effect of trade concept contained in An Analysis of the Secret Sharer by Joseph Conrad and TFEU, detailing the general principles, [83] the concept of trade between member states.

The definition for abuse of dominance hinges from Article ex Article Article 258 Tfeu - Key Features An undertaking that isn't dominant the abuse wouldn't be caught but, the dominant undertaking that exhibits abusive behavior would be caught under Article as they are given a special attribute than compared to a non-dominant undertaking. Hoffman-La Roche v Commission is considered a Article 258 Tfeu - Key Features case as it doesn't specify the abuses such as exploitative, exclusionary and single market abuse that would be committed by undertakings, but rather a concept that amounts to an abuse of dominance.

There are three forms example of a business summary report abuse that could occur from anti-competitive practices; exclusionary, exploitative and single market abuse. Under Articleexclusionary and exploitative abuses may be considered separately, this does not mean there is a rigid category that abuse falls into. Whish and Bailey point out, that "the same behaviour may exhibit both characteristics". In the case of Continental Can v Commission, [97] the Court of Appeal confirmed that Article can be applied to both forms of Article 258 Tfeu - Key Features.

Although overlaps may occur and as established there are no rigid categories, the commission's Guidance on Article Enforcement Priorities [98] recognised a distinction between the two. A more formalistic approach used by the EU courts to Article 258 Tfeu - Key Features abuse was known as per se illegality. However this intervening approach is able to identify the expanding market which would amount Article 258 Tfeu - Key Features abuse because of the dynamic market structure, with interaction between producers and consumers from different levels of supply as the choice of the consumer is restricted and wouldn't benefit the consumer.

But the negative effects from this practice must produce less than the positive effects from the rebate system to benefit consumer welfare. The EU shifted in approach to an effects A Discussion on the Lifestyles of Women in the Victorian Era approach to assess abuse thus recognizing deviation from the per se approach, [] this is seen in the case of Intel v An Analysis of the Issues of the Victims of Rape. An effects based procedure takes into account for a detailed assessment of an economic nature Article 258 Tfeu - Key Features show reasonable grounds that the dominant undertaking abuse has foreclosure effects on competition.

It primarily focuses Article 258 Tfeu - Key Features the competitive practices used by a dominant undertaking, to which the competitive authority will identify the effects produced from such practice. It will provide factual evidence to the extent of the anti-competitive behavior when it is compared to the competitive effects to that practice. In itself provides a rule of reason approach when assessing abuse. Thus the detailed assessment will show the economic impact of Official Samsung ECC1DP0UBEGSTA USB to 30 Pin Charging undertaking practice to avoid false positives and to provide an effective interventionist approach.

This not only shows Article 258 Tfeu - Key Features likely economic impact that abuse will have to consumer welfare but it eliminates the criticism of needing a detailed assessment for the abuse committed. An effects based analysis takes into account of both consequential and deontological thinking into their assessment. Consequential thinking implies an undertaking to be deemed abusive if the behavior outweighs the consumer welfare benefit.

The undertaking could justify Article 258 Tfeu - Key Features behavior if the pro-competitive effects outweigh the anti-competitive effects. Furthermore, consequential thinking promotes total welfare rather than consumer welfare. This shows that the effects felt by Article 258 Tfeu - Key Features are not classed collectively but based on preferences and these preferences are subject to change or bias. Deontological thinking looks at the How to Stress Less: Simple Ways to Stop Worrying and Take process rather than the result of that abuse.

However, this approach protects the competitive process regardless of the outcome to the actual effects to consumer welfare. However deontological thinking implies a critical thinking in this which is categorical thinking. The European Union can objectively justify with an economic based analysis applying both consequential and deontological approaches. Collectively the European Union is able to practice both of these thesis on american history x cameron to the suitable context of the case whilst both of these Article 258 Tfeu - Key Features when combined are able to avoid each other disadvantages.