EU Law Making Flashcards
Waste Directive
Directive based on 114, argued it should have been 192 as environment was main aim. The mere fact the functioning of the internal market was affected was not enough to recourse 114.
Tobacco Advertising I
Any measure adopted by Art 5 (principle of conferral) must have as its aim “the improvement of conditions for the establishment and functioning of the internal market”
Tobacco Advertising II
Did have as its object improving the inter-state trade with narrower restrictions and sensible exclusions.
Proportionality
Requires the means employed by the union to be appropriate for attaining the objective and not go beyond what is necessary.
BAT
Argued the directive regulating manufacture and sale of tobacco products was predominantly aimed at public health. Article 114 was valid as it was aimed at eliminating likely obstacles to free movement.
Swedish Match
Where EU aims to prevent obstacles to free trade under 114, appropriate measures include prohibiting marketing of a product.
Vodafone
Regulation was valid as if MS decided themselves then this could cause “significant distortions of competition”
Phillip Morris Brands
MS could set regulations that were not covered by the directive. The need to prevent differing rules on the sale of tobacco in different MS required action at EU level.
Article 17(1)
Commission has the right of legislative initiative.
Article 294
Ordinary legislative procedure. CP-FR-SR–Conciliation-TR
Article 293(1)
Council may amend a proposal from the commission by acting unanimously, excluding third reading or conciliation.
Article 293(2)
Commission may voluntarily amend proposals
Article 298(2)
Special legislative procedure: adoption of a directive by the parliament with participation of the council. Or the council with participation by Parliament.
EU Parliament v Council
Parliament must be re-consulted if there are important changes to a measure.
Roquette Freres
The council must wait for Parliament to provide a response before passing a piece of legislation.
Article 5(1)
The limits on union competence is governed by principle of conferral. The competencies are governed by subsidiarity and proportionality.
Article 5(2)
The union shall act only within the powers granted to it upon Member States.
Conferral
Union only has powers granted from Member States.
EU Act 2011
UK vowed to not give the EU any more powers without first consulting citizens.
Germany v Commission
Competence may be implied if further powers are required to carry out the objective of original power.
Article 2(1)
When treaties confer exclusive competence, only they may legislate and adopt legally binding acts.
Article 3
List of exclusive competencies
Article 2(2)
In shared competencies, MS may only act where the EU has failed to do so.
Article 4(3) and 4(4)
TFEU gives MS powers to act regardless in certain areas such as research.
