Essay about European Law and the Principle of Conferral

1569 Words Feb 27th, 2013 7 Pages
EUROPEAN LAW AND THE PRINCIPLE OF CONFERRAL The Principle of Conferral is a fundamental principle of European Union law as stipulated in Article TEU 5(1) its limits of Union competences are governed by the principle of conferral According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states. The EU has no competences by right, and thus any areas of policy not explicitly agreed in treaties by all member states remain the domain of the member states.
This principle has always underpinned the European Union, but it was explicitly specified for the first time in the failed Treaty establishing a Constitution for Europe and carried over into its replacement, the
…show more content…
What argument did Germany put forward? A) Prohibitions provided for in the Directive and contested by Germany are disproportionate. B) Infringement of the fundamental right to freedom of the press and freedom of opinion. What was the reasoning of the court? A) The Court cited its settled case law concerning recourse to Article 95 EC. That Article is the appropriate legal basis where there are differences between Member State provisions which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market, and a possible legal basis for measures to prevent the emergence of future obstacles to trade resulting from differences in the way national laws have developed. B) The Court stated that the term "printed publications" covers only such publications as newspapers, periodicals and magazines, and not bulletins produced by local associations, programmes for cultural events, posters, telephone directories, etc. C) It noted the existence of disparities between national laws on the advertising of tobacco products in the press and in broadcasting and considered that there was a significant risk that these disparities would increase. It concluded that intervention by the Community legislature was therefore justified. D) As long as the conditions for recourse to Article 95 EC as a legal basis are fulfilled, the Community

More about Essay about European Law and the Principle of Conferral

Open Document