Competences and Legal Bases

Question 1

Summarise the Principle of Attribution of Competences in EU Law

Answer 1

-Member states give EU competences
-comp. which not conffered in treaties= member states’

Art 1(1) TEU, Art. 4(1) TEU, Art.5 (1) TEU

Question 2

Summarise the Principle of Conferral in EU Law

Answer 2

-exercise of compt. limited by:
-subs. + prop.
-Only act within the competences conferred to them by MEMBER STATES

-Art 5(1) TEU, Art 5(2) TEU

Question 3

Where can one find the defintion of an exclusive competence?

Answer 3

-Art. 2(1)TFEU

Question 4

Where can one find the definition of a shared competence?

Answer 4

-Art 2(2) TFEU

Question 5

What is an exclusive competence?

Answer 5

• only the union can exercise this competence
  -Art. 2(1)

Question 6

What is a shared competence?

Answer 6

-EU and member states can both exercise this competence
-but member states can only do this to the extent to which the EU hasn’t done this

-Art 2(2) TFEU

Question 7

Explain what competence is

Answer 7

-power to legislate in certain areas

Question 8

Explain what an ancillary competence is

Answer 8

-compentence to assist the measures of member states
-does not override member states power is this area

Question 9

Where can the definition of an ancillary competence be found?

Answer 9

-Art 2(5) TFEU

Question 10

Where can the examples of complementary c ompetences be found?

Answer 10

Art 6 TFEU

Question 11

Explain what residual competence is

Answer 11

-competence not conferred to EU by traties
-but necessary to obtain the objectives of the union
-unanimous proposal from commission
+ consent from European parliament

Question 12

Explain the facts of the Chernobyl Case

Answer 12

• wrong legal basis for
  -REG.
  -EU Parliament brought forward the case

Question 13

Explain the pleas of the European Parliament

Answer 13

1) legal basis wrongly chosen
2)legal form (regulation) of this method was inappropriate
3) implementing powers were not delegated to the Commission

Question 14

Explain the court’s judgement (chernobyl)

Answer 14

-Art 114 is not the legitimate legal basis
(harmonisation of trade merely incidental) C17
-objective pursued…. factors include in particular the aim and content of the measure (c9)
-Claim dismissed

Question 15

Explain the facts of the Tobacco Advertising I Case

Answer 15

-Directive which prohibited all forms of advertising and sponsorship of tobacco products
-legal basis is what is now know as Art 114 TFEU
-German put forwards pleas including
-incorrect use of legal basis

Question 16

Explain the judgment in Tobacco Advertising I

Answer 16

-The object of the directive had to be on the basis of the improvement of the conditions for the establishment and functioning of the
-internal market (Art 114 TFEU)
- This directive did not (C84)
Just because it harmonised the ban on tobacco advertising
-does not mean applied on the basis of art. 114 (C84)
-Just because got disparities

-annuled the directive on the ground of LACK OF COMPETENCE
-LB was inappropriate

Question 17

Which article covers the reasons for annulment?

Answer 17

263 (2) TFEU

Question 18

Explain the facts of the Ireland v European Parliament and Council case

Answer 18

• Ireland claimed that the directive on data… had an innapropriate legal absis (Art. 114)

Question 19

Explain the judgment of the Ireland v. European Parliament and Council case

Answer 19

-Art 114 is the approrpiate legal basis
-disparities to the point where there is an obstruction of fundamental freedoms
-or distoriaons of competition
-+ direct effect on the functioning of the internal market
=then may refer to art 114 as basis of legislature (C63)
-Directive relates predominantly to the funtioning of the internal market (C85)

Question 20

Summarise the requirements of subsidiarity

Answer 20

-Is the objective pursued with the measure an objective of the Union?
* Can this objective be sufficiently achieved by the Member States (at national or
local level)? = negative condition, ‘necessity test’
* Can this objective, by reason of the scale or effects of the proposed action, be
better achieved at Union level? = positive condition

Question 21

Summarise the requirements of proportionality

Answer 21

• Is the measure ‘manifestly inappropriate having regard to the objective which the
  competent institution is seeking to pursue’?
• Could the same objective be achieved by less intrusive means?

Question 22

Where can the provision for residual competences be found

Answer 22

Art. 352 TFEU