EU Law Making

Question 1

Waste Directive

Answer 1

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.

Question 2

Tobacco Advertising I

Answer 2

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”

Question 3

Tobacco Advertising II

Answer 3

Did have as its object improving the inter-state trade with narrower restrictions and sensible exclusions.

Question 4

Proportionality

Answer 4

Requires the means employed by the union to be appropriate for attaining the objective and not go beyond what is necessary.

Question 5

BAT

Answer 5

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.

Question 6

Swedish Match

Answer 6

Where EU aims to prevent obstacles to free trade under 114, appropriate measures include prohibiting marketing of a product.

Question 7

Vodafone

Answer 7

Regulation was valid as if MS decided themselves then this could cause “significant distortions of competition”

Question 8

Phillip Morris Brands

Answer 8

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.

Question 9

Article 17(1)

Answer 9

Commission has the right of legislative initiative.

Question 10

Article 294

Answer 10

Ordinary legislative procedure. CP-FR-SR–Conciliation-TR

Question 11

Article 293(1)

Answer 11

Council may amend a proposal from the commission by acting unanimously, excluding third reading or conciliation.

Question 12

Article 293(2)

Answer 12

Commission may voluntarily amend proposals

Question 13

Article 298(2)

Answer 13

Special legislative procedure: adoption of a directive by the parliament with participation of the council. Or the council with participation by Parliament.

Question 14

EU Parliament v Council

Answer 14

Parliament must be re-consulted if there are important changes to a measure.

Question 15

Roquette Freres

Answer 15

The council must wait for Parliament to provide a response before passing a piece of legislation.

Question 16

Article 5(1)

Answer 16

The limits on union competence is governed by principle of conferral. The competencies are governed by subsidiarity and proportionality.

Question 17

Article 5(2)

Answer 17

The union shall act only within the powers granted to it upon Member States.

Question 18

Conferral

Answer 18

Union only has powers granted from Member States.

Question 19

EU Act 2011

Answer 19

UK vowed to not give the EU any more powers without first consulting citizens.

Question 20

Germany v Commission

Answer 20

Competence may be implied if further powers are required to carry out the objective of original power.

Question 21

Article 2(1)

Answer 21

When treaties confer exclusive competence, only they may legislate and adopt legally binding acts.

Question 22

Article 3

Answer 22

List of exclusive competencies

Question 23

Article 2(2)

Answer 23

In shared competencies, MS may only act where the EU has failed to do so.

Question 24

Article 4(3) and 4(4)

Answer 24

TFEU gives MS powers to act regardless in certain areas such as research.

Question 25

Article 2(5)

Answer 25

In certain areas, the Union shall have competence to carry out actions to support, coordinate or supplement actions of the MS.

Question 26

Article 6

Answer 26

Examples of supplementary powers

Question 27

Article 352

Answer 27

General competence when action is necessary to attain objectives of the EU

Question 28

Article 114

Answer 28

Approximation of laws directly affecting the establishment or functioning of the internal market.

Question 29

Tariff Preferences

Answer 29

Legislation must make it clear what legal basis it is based on

Question 30

Article 5(3)

Answer 30

Under the principle of subsidiarity, in areas which do not fall within exclusive competence, the Union shall act only and if and in so far as the objectives of the proposed action cannot be sufficiently achieved by member states.

Question 31

Article 5(4)

Answer 31

Under principle of proportionality the content and form of the EU must not exceed what is necessary to achieve the objectives of the treaties

Question 32

Charbonniere

Answer 32

Principle of proportionality applies to actions taken under any competence

Question 33

R v International Board Man (Sugar) Ltd

Answer 33

Action was necessary but not proportionate