Outline for the course - Lecture + excercises
3 important questions on Outline for the course - Lecture + excercises
Explain the theory of legal bases
the legal basis of a piece of legislation is the provision(s) of the Treaties (primary law) upon such a measure of secondary law is created, justifying its legality, in the policy areas in which the Union is given competence. principle of conferral art. 4(1) and art 5
How to translate the treaty provision in legal basis
look at chapter about the competence (for example for the environment art 192 TFEU) and find which legislative procedure and which institutions are included.
Test taken by ECJ on legal basis
aim and content of the legislative piece, whether the aim and the content of the measure serves the particular policy area: central gravity test
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