Division of Competences between the EU and the Member States
28 important questions on Division of Competences between the EU and the Member States
Why do powers remain ms?
Which art in teu gives limits and what are these?
What do legal instruments substance?
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How is the dubstance discripted in art.114 tfeu?
What does art.352 tfeu says about the competences?
Can the commission sue the council and when does this happen?
What is the key conslusion in somelian pirates?
What is the priciple of conferral? ( principle of attribution)
Under which principles is the eu acts governed? Art.4 and 5 teu
To act an action needs to be based on a treaty, what does this treaty needs to have
2. Specifcy the means of exerce.
Where those the choice for a legal basis needs to be based upon?
Commission vs council 1987 para 11
Who decides over the horizontal and vertical disvisoin of power when there is a dispute over the legal basis
What if a act has serveral components? Blz,87-88
What is the center of gravity criterion?
Does a general treaty like 114 have enough suffiently legal basis for a measure aimed at harmonzing national legislation, even if secondary objectives are in other basis?
What if there are two legal basis on equal gravity?
What if there cant be a treaty provision be found?
How can you see if a treaty basis is compatible?
When do you not look at the compatiblity of a combined legal basis?
What happens if it is the wrong basis? And does it always affect?
What is the flexibility clause of art.352 tfeu?
Why does implied comptence need to be applied strictly?
What is the procedure of the flexibility clause?
What are the two types of non exclusive competence?
- eu has coordinate, supplment or support.
Can ms delegate exclusive competence?
Kern uit tabbaco advertising directive?
What can the legal basis of 114 do
Why are powers limted?
- fear of too big eu, limiting powers eu.
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