Conferred Powers Flashcards
The flexibility provision
Art 352 TFEU
Admenta
National constitutional courts must retain the monopoly over interpreting the rights set out in their constitutions
Commission v France (Strawberry Riots)
MSs must actively police EU law in order to secure its legal certainty
This includes effectively penalising infringements of EU law
Berlosconi
Measures under Art 4(3) TEU: The Fidelity Principle must be: Effective, Dissuasive, Proportionate
Subsidiarity
Art 5(3) TEU EU should act so that measures are taken at the closest level possible to the citizen
Proportionality
Art 5(4) TEU Action taken by the union should not exceed what is necessary to achieve the objectives of the treaty
Fedesa
Test for proportionality: Suitable? Necessary? Excessive effect? Measures taken by MSs will only be disproportionate if the action is manifestly inappropriate
Legal basis for legislation relevant to the internal market
Art 114 TFEU
Germany v Parliament and Council (Tobacco Advertising 1)
Measures based in Art 114 TFEU must contribute to removing obstacles to interstate trade or distortions of competition.
Harmonisation is only possible where obstacles are appreciable
Acceptable to harmonise to prevent obstacles arising
Germany v Parliament and Council (Tobacco Advertising 2)
Incidental harmonisation of excluded matters such as public health is not prevented if the main reason for the measure is acceptable
Smoke Flavourings Case
Meaning of ‘approximation’ in Art 114 TFEU
Art 114 can be used for measures which contribute to the process of harmonisation, e.g creation of mechanisms leading to harmonisation, without engaging it as such
Provisions: Areas of exclusive competence
Art 2(1) TFEU: Definition Art 3: Listed areas
Provisions: Areas of shared competence
Art 2(2) TFEU: Definition Art 4 TFEU: Listed areas
Provision: The fidelity principle
Art 4(3) TEU
