Summary
Summary All TFEU and TEU articles needed for EU Law
- Course
- Institution
- Book
All the key articles you need to know for EU Law - useful when it comes to revision or if you're preparing for tutorials
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Essential Guide to European Constitutional Law: Understand the Foundations of EU Legislation
-
All notes European Law
-
Constitution EU foundations complete notes
Seller
Follow
abeehazaidi
Content preview
EU Articles:Article 5 – establishes principle of conferral. EU only has legislative competence if the treaty
provision allows it to in that area
Article 4 – competencies that do not fall within the treaty and do not confer power onto the
EU, the power will lie with the MS
EU competencies are either; exclusive OR shared
Exclusive competence – Article 3 TFEU
Shared Competence - Article 4 TFEU
E.g., of this division in practise Commission v UK (dipped headlights)
Article 352 TFEU – flexibility clause
Where the Union have no legal basis in the treaty to base their actions on, they will need to
get unanimity from the Commission and consent from the EP to act. But it must be within
their competence to act
The consent of EP is needed as an additional safeguard
When there is no legal basis and they seek Council and EP approval, the Court must check
whether it is necessary to attain one of the objects in the treaties (Kadi)
Limits to this article = Declaration 42 attached to Treaty of Lisbon states that article 352
cannot be used to widen Union’s own powers because this would amend the treaties
Article 114 TFEU – harmonisation clause.
Refers to Article 26 TFEU – gives powers to EP and Council to adopt measures to harmonise
internal market
Principle of Subsidiarity
Article 3 – Union will only act when the objective and aim cannot be sufficiently achieved by
the MS
Concerns when the Union should use its competencies in areas of shared competence
CoJ does not place heavy hand in seeking MS to be responsible for legislative acts – they are
organs of the Union = UK v Council (event the Union whilst harmonising measures should
take minimum acts necessary)
They have been criticised for accepting justification for union acting maybe too much during
harmonisation. Article 5 of the Protocol – requires stringent test of the quality of the
justification.
Principle of Proportionality
Article 4 – content and form of union’s actions should not exceed what is necessary to
achieve objectives of Treaties
Outline in Slovakia & Hungary v Council of the EU
,3 part test in Fedesa
Assuming the Union can act in this area, what should the extent of that intervention be?
Article 28 TFEU – Union will have a customs union which shall involve the prohibition
between Member States of customs duties on imports and exports and of all
charges having equivalent effect, and the adoption of a common customs tariff in
their relations with third countries.
The customs union will cover “all trade in goods”
Article 29 TFEU – the customs union applies to both products from MS within EU and those
from third countries
Article 34 – quantitative restrictions on imports and all measures having equivalent effect
shall be prohibited between MS.
Importance of this article stated by Weatherill
Article 35 – restrictions by MS on their exports (fewer disputes about this)
Article 36 – exhaustive list of permitted exceptions that a MS can argue with
FREEDOM OF GOODS
Article 34 – quantitative restrictions on imports and all measures having equivalent effect
shall be prohibited between MS.
Importance of this article stated by Weatherill
Article 35 – restrictions by MS on their exports (fewer disputes about this)
Article 36 – exhaustive list of permitted exceptions that a MS can argue with
STEPS
What kind of measure is it?
Fiscal restrictions – article 30 TFEU and article 110 TFEU
Article 30 TFEU – custom duties of imports and exports
, Article 110 TFEU – internal taxation inside the country once product crossed border
Para 1 – discriminatory internal taxation on similar products
Para 2 – Indirectly protecting certain products over others but discriminiating products that
are in competition with one another.
CJEU developed struct effects based test – where there are no permitted exceptions if there
are fiscal restrictions.
IF NOT A FISCAL RESTRICTION:
Might come under Article 34 or 35
Qu 1
Is the restriction a measure within the scope of article 34-35? So is the free movement of
goods at stake
Define Goods
Does the measure effect the import or export?
Qu 2
Is the measure a quantitative restriction?
Defined in Geddo – measures amounting to total or partial restraint of movement
Qu 3
OR is the measure an measure having equivalent effect to a quantitative restriction?
Dassonville gives this test – if it has a restrictive impact to the trade between MS
This has broad application
It can either be distinctly applicable (unequal burden) OR indistinctly applicable (dual
burden rule)
Qu 4
Ask whether the measure is a selling arrangement under KECK
Qu 5
Can it be justified by the MS?
Treaty based justifications – article 36; include public morality, policy, security, protection of
health and life of animals, humans and plants, national treasures, industrial or commercial
value
OR court developed – because public interest overrides them
Which must be proportionate and necessary
They do not have a closed list
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller abeehazaidi. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.69. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53340 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now