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 2
Suggested solution:
A basic difference between the two provisions is that Art. 91(1) TFEU is a specific legal basis provision and Art. 114 TFEU is a general one. Following a general legal principle, special provisions always take precedence over more general provisions. Accordingly, it must first be ascertained whether Art. 91(1) TFEU would be a suitable legal basis. According to the Court’s case law (as of Titanium Dioxide), this must be done on the basis of objective criteria, taking into account the aim and content of the planned measure. Art. 91(1) TFEU is the specific legal basis provision for, amongst others, rail transport. This is the area that the Council is planning to address. We do not know more details about the planned measure. As long as the planned measure concerns the objectives of the Treaties in the field governed by the transport title (Art. 90 TFEU et seq.), Art. 91(1) TFEU would appear to be the correct legal basis provision.
[Relevant Charts: Chapter 4, in particular Charts 4/4 and 4/8]
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