Article 114

Question 1

What is Article 114 Used for?

Answer 1

It is used as a last resort for when other treaty articles fail to provide legal basis

Question 2

What does the Case of Titanium Dioxide Show?

Answer 2

This case provides evidence that there are very little limits on the jurisdiction of Article 114.

Question 3

What does Tobacco Advertising 1?

Answer 3

Article 114 does not provide the EU legislature - such a general power would be incompatible with Article 5 TFEU

Question 4

What are the two alternative situations of the legal basis test for use of Art 114

Answer 4

1. Where the measure eliminate obstacles to exercise of free movement which are likely to arise from diverse national law.
2. The EU have to prove one of the other scenarios is true but not both of them to be able to use the powers provided by Art 114

Question 5

What does Tobacco Advertising 2 show?

Answer 5

Held that there was legal basis - and that the measures proposed were not disproportionate.

Question 6

What does Swedish Match 1 show ?

Answer 6

Where the EU was aiming to prevent obstacles to trade under Art 114, appropriate measures could include prohibiting the marketing of a product.
The actions were valid - because 2 member states had already done what the directive was suggesting - harmonisation.