Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.The competences of the EU and the adoption of secondary measures – Exercise 1
Suggested solution:
According to the principle of conferral of powers (e.g. Art. 5 TEU), the EU only enjoys the powers given to it. All other powers remain with the Member States, a fact that, post Lisbon, is explicitly mentioned in the EU Treaty (e.g. Art. 4(1) TEU). Legal basis provisions are the means of conferring powers on the EU. As for the internal market, the relevant legal basis provisions can be found in the parts of the TFEU that deal with free movement (including in particular Arts. 46, 48, 50, 59, 64 to 66 and 91 TFEU, but also Arts. 43 and 100 TFEU) and the general legal basis provisions of Arts. 114 and 115 TFEU. (Note: unlike before the Lisbon revision, the third general legal basis provision, Art. 352 TFEU, no longer refers to the internal (then: common) market but rather only to “the objectives set out in the Treaties” in a general sense.)
[Relevant Charts: Chapter 4, in particular Charts 4/1 and 4/4]
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