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 4
Suggested solution:
The answer to this question will depend on the provisions chosen. Three examples:
Art. 83 TFEU on criminal law defines the type of act as “directives”. The procedure is the ordinary legislative procedure. Note: this is one of the rare legal basis provisions that also determines the degree of harmonisation to be achieved (“minimum rules”, i.e. minimum harmonisation or harmonisation at the lowest common level).
Art. 153(2)(b) TFEU on certain aspects of social law defines the type of act as “directives”. (This provision also proscribes minimum harmonisation.) The procedure depends on the issue to be regulated. For example, for rules on the improvement of the working environment to protect workers’ health and safety (Art. 153(1)(a) TFEU) it is the ordinary legislative procedure, but for the rules on the protection of workers where their employment contract is terminated (Art. 153(1)(d) TFEU) it is the consultation procedure.
Under Art. 169(3) TFEU on consumer protection, the type of act is not specifically defined (“measures”) and the procedure is the ordinary legislative procedure.
[Relevant Charts: Chapter 4, in particular Chart 4/5]
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