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?

Art,4,5 teu in these articles is said that eu needs to respect ms. Some ms are afraid to give up power and sovereigty/

Which art in teu gives limits and what are these?

Art.5 (3) subsidiarty and proportionality.

What do legal instruments substance?

Instruments, procedure, like taking directives or provisions.
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How is the dubstance discripted in art.114 tfeu?

It gives a descripted where eu law goes.

What does art.352 tfeu says about the competences?

Very general and interesting action. Eu needs to be neccessary for the objectivces of union.  commission propoes, council decides, parlement consents.

Can the commission sue the council and when does this happen?

When  the council amends something.council can decide something on a diffrent legal basis.

What is the key conslusion in somelian pirates?

Choice in legal basis has constitutional signification. Toherwise it is noy valid. Also constitutional becuase the court checks it has to be able to check it.

What is the priciple of conferral? ( principle of attribution)

The eu may only act within the limits of compentence conferredupon them,. In the treaties

Under which principles is the eu acts governed? Art.4 and 5 teu

- subsidiarity and proportionality

To act an action needs to be based on a treaty, what does this treaty needs to have

1. Rationea materiae
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

Objective factors. The aime and content. Amedable for judical review.

Who decides over the horizontal and vertical disvisoin of power when there is a dispute over the legal basis

The court of justice

What if a act has serveral components? Blz,87-88

Twofold purpose/component if one is idientifiable as main predominant , then based on the one linked to main purpose,

What is the center of gravity criterion?

That is its based on the basis with the biggest link to main purpose.

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?

Ja

What if there are two legal basis on equal gravity?

No secondary? Based on diffrent corresponding based on diffrent corresponding treaty provision taken togheter. But this cant happen if they are incompatible.

What if there cant be a treaty provision be found?

They must be split in diffent components,

How can you see if a treaty basis is compatible?

They look what impact it has on rights ep. It needs to result in the widest possible participation of the parliament.

When do you not look at the compatiblity of a combined legal basis?

When it is based on asupplementary legal basis of art.353 tfeu

What happens if it is the wrong basis? And does it always affect?

Invalid and annulled. No if the person enjoyed full rights its valid.

What is the flexibility clause of art.352 tfeu?

When there is no basis but it is necessary to for the obhectives you can choice this basis.

Why does implied comptence need to be applied strictly?

It goes to the limits of the principle of confferal laid down in art.5 teu.

What is the procedure of the flexibility clause?

Unanimously council from proposal commission consent parliament.

What are the two types of non exclusive competence?

- where ms can take action until eu does.
- eu has coordinate, supplment or support.

Can ms delegate exclusive competence?

Yes this is called specific autorization.

Kern uit tabbaco advertising directive?

The measures refferd to in art.114 must genuinly have as their object improvement of the condtions for the internal market.

What can the legal basis of 114 do

Ms authorize the marketing of certain products but also oblige bthem not toi subject them to such an authorisation to certain conditions.

Why are powers limted?

You give certain things not more.
- fear of too big eu, limiting powers eu.

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