Competences and Legal Bases Flashcards
Summarise the Principle of Attribution of Competences in EU Law
-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
Summarise the Principle of Conferral in EU Law
-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
Where can one find the defintion of an exclusive competence?
-Art. 2(1)TFEU
Where can one find the definition of a shared competence?
-Art 2(2) TFEU
What is an exclusive competence?
- only the union can exercise this competence
-Art. 2(1)
What is a shared competence?
-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
Explain what competence is
-power to legislate in certain areas
Explain what an ancillary competence is
-compentence to assist the measures of member states
-does not override member states power is this area
Where can the definition of an ancillary competence be found?
-Art 2(5) TFEU
Where can the examples of complementary c ompetences be found?
Art 6 TFEU
Explain what residual competence is
-competence not conferred to EU by traties
-but necessary to obtain the objectives of the union
-unanimous proposal from commission
+ consent from European parliament
Explain the facts of the Chernobyl Case
- wrong legal basis for
-REG.
-EU Parliament brought forward the case
Explain the pleas of the European Parliament
1) legal basis wrongly chosen
2)legal form (regulation) of this method was inappropriate
3) implementing powers were not delegated to the Commission
Explain the court’s judgement (chernobyl)
-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
Explain the facts of the Tobacco Advertising I Case
-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
Explain the judgment in Tobacco Advertising I
-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
Which article covers the reasons for annulment?
263 (2) TFEU
Explain the facts of the Ireland v European Parliament and Council case
- Ireland claimed that the directive on data… had an innapropriate legal absis (Art. 114)
Explain the judgment of the Ireland v. European Parliament and Council case
-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)
Summarise the requirements of subsidiarity
-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
Summarise the requirements of proportionality
- 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?
Where can the provision for residual competences be found
Art. 352 TFEU
