Introduction to tutorial, legal argumentation and sources of (EU) law
5 important questions on Introduction to tutorial, legal argumentation and sources of (EU) law
How to implement political agenda (Form Farm to fork)/
- Treaty constraints ( competence)
- Legislative procedures
What is the principle of the conferral of power?
- Goal(Treaty), creation of internal market
- 'Legal base' in treaty specifies legislative procedure to be followed (TFEU art 114)
- Legal instrument, e.g. Novel food regulation
What are examples of Principle of the conferral of power?
- Competence there is always a legal basis in the Treaties for legal instruments (regulations and directives).
- Eu common Agricultural policy (CAP)
- The Eu cannot legislative if it does not have competence
- national defense (military)
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What is a Regulation ?
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States
- General application
- Directly applicable
What is a Decision?
A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them
- Addressed to MSs or individuals
- Directly applicable
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