Purely internal situations in European Union law after Åklagaren v Hans Åkerberg Fransson
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This paper addresses the concept of a purely internal situation, present in the law of the European Union, and the influence of the judgment of the Court of Justice of the European Union in the case Åklagaren v Hans Åkerberg Fransson on the content and scope thereof. The paper is specifically meant to address a new basis to negate purely internal situations, when the level of protection of the CFR and the principles of primacy, unity and effectiveness of EU law so require. Additionally, the paper herein outlines the notion of an action not entirely determined by EU law, which appeared in Fransson. The jurisprudence of the CJEU is cited extensively in order to trace the origins and development of the concept of a purely internal situation.
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