Sources of EU Law - Statutes

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  • Created by: Edward
  • Created on: 25-02-16 09:51
Art 3 TFEU
Examples of areas of exclusive competence e.g. customs union/ monetary policy for Euro members/ common commercial policy
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Art 4 TFEU
Examples of areas of shared competence e.g internal markets/ environment/ transport/ agriculture and fisheries
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Art 6 TFEU
Areas where the Union carries out action to support, coordinate or supplement the actions of the MSs e.g. industry/ culture/ tourism
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Art 5(1) TFEU
The limits of Union competences are governend by the principle of conferral
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Art 5(2) TFEU
This means that the Union shall act only within the Treaties to attain the objectives set out therein =- the corollary is that competences NOT conferred upon the Union in the Treaties remain with the MSs
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Art 5(3) TFEU
Subsidiarity is where in areas which do not fall within its exclusive competence, the Union shall act only and insofar as the objectives of the propsed action cannot be sufficiently achieved by the MSs
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Art 352 TFEU
Provides Union with a general legislative power
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Art 352(1) TFEU
If action by the Union should prove necessary to attain one of the ovjectives set out in the Treaties, and the Treaties have NOT provided the necessary powers, the Council shall adopt the appropriate measures
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Opinon 1/91 (1991)
CJ: the Treaties established a new legal order for the benefit of which the states had limited their sovereign rights, in ever wider fields, and the subjects of which comprised not only the MSs but also their nationals
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Art 288(1) TFEU
To exercise the Union’s competences, the institutions shall adopt any regulation, directives, decisions, recommendations and opinions
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Art 288(2) TFEU
A regulation shall be binding upon all MSs and is directly applicable within all such states
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Art 297(1) TFEU
All legislative acts (which include regulations) must be pubished in the OJ
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Art 288 TFEU
A decision is binding in its entirety
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Art 297(2) TFEU
If a decision specifies those to whom it is addressed, such persons must be notified of the decision and the decision will only take effect upon such notification
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Art 288 TFEU
Recommendations and opinions shall NOT have any binding force
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Art 47 TEU
The EU shall have legal personality
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Art 19(1) TEU
The CJ and the Gen Court and the specialised courts shall be collectively known as the CJEU
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Art 19 TEU
The Court shall ensure that in the interpretation and application of the Treaty, the law is observed
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Art 263 TFEU
Grounds for annulment include infringement of the Treaty, or of any rule of law relating to its application
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Art 340(2) TFEU
The liability of the Union is based on the general principles common to the laws of the MSs
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Art 294 TFEU
The ordinary legislative procedure (prev’y known as the co-decision procedure)
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Art 288 TFEU
EU institutions can legislate on any matter within the Union’s competences
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Art 48 TFEU
The EP must consent to any new MS
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Other cards in this set

Card 2

Front

Examples of areas of shared competence e.g internal markets/ environment/ transport/ agriculture and fisheries

Back

Art 4 TFEU

Card 3

Front

Areas where the Union carries out action to support, coordinate or supplement the actions of the MSs e.g. industry/ culture/ tourism

Back

Preview of the back of card 3

Card 4

Front

The limits of Union competences are governend by the principle of conferral

Back

Preview of the back of card 4

Card 5

Front

This means that the Union shall act only within the Treaties to attain the objectives set out therein =- the corollary is that competences NOT conferred upon the Union in the Treaties remain with the MSs

Back

Preview of the back of card 5
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