bluuebunny/crossref_metadata_2025 huggingface dataset:
Article 87 TFEU
Authors: Bogensberger Wolfgang
Published: March 2021

Article 30 TEU The Union shall establish police cooperation involving all the Member States’ competent authorities, including police, customs and other specialised law enforcement services in relation to the prevention, detection and investigation of criminal offences.
Article 88 TFEU
Authors: Bogensberger Wolfgang
Published: March 2021

Article 30 TEU Europol’s mission shall be to support and strengthen action by the Member States’ police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.
Article 94 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 74 EC Any measures taken within the framework of the Treaties in respect of transport rates and conditions shall take account of the economic circumstances of carriers.
Section 1 Rules applying to undertakings
Authors: Kellerbauer Manuel
Published: March 2021

Section 1 (‘Rules applying to undertakings’) of Chapter I (‘Rules on Competition’), comprising Articles 101–106 TFEU, is predominantly concerned with the behaviour of undertakings that can distort competition. Solely Article 106 TFEU is also addressed to MS to the extent that they act through public undertakings or grant undertakings special or exclusive rights. Section 1 contains two key provisions: Article 101 TFEU, which is concerned with forms of contacts between two or more undertakings, and Article 102 TFEU, which is directed at unilateral conduct of undertakings that have particular market power. Both provisions solely target behaviour that can distort competition and affect trade between MS. Articles 101 and 102 TFEU are not mutually exclusive but can apply to the same conduct.
Article 102 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 82 EC Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.
Article 112 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 92 EC In the case of charges other than turnover taxes, excise duties and other forms of indirect taxation, remissions and repayments in respect of exports to other Member States may not be granted and countervailing charges in respect of imports from Member States may not be imposed unless the measures contemplated have been previously approved for a limited period by the Council on a proposal from the Commission.
Article 16 TEU
Authors: Loewenthal Paul-John
Published: March 2021

A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.
Chapter 3 Approximation of Laws
Authors: Kellerbauer Manuel
Published: March 2021

Divergences between MS’ rules can create regulatory requirements that hinder the free movement of goods, persons, services, and capital and create unequal competitive conditions for economic operators in the internal market. Removing such hindrances and imbalances is the rationale of the Treaty provisions on the ‘Approximation of Laws’ laid down in Chapter 3 of Title VII TFEU. The provisions are thus meant to contribute to the aim of establishing an internal market set out in the first sentence of Article 3(3) TEU.
Article 120 TFEU
Authors: Flynn Leo
Published: March 2021

Article 98 EC Member States shall regard their economic policies as a matter of common concern and shall coordinate them within the Council, in accordance with the provisions of Article 120.
Article 125 TFEU
Authors: Flynn Leo
Published: March 2021

Article 103 EC The Union shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of any Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project. A Member State shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of another Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project.
Article 128 TFEU
Authors: Flynn Leo
Published: March 2021

Article 106 EC The European Central Bank shall have the exclusive right to authorise the issue of euro banknotes within the Union. The European Central Bank and the national central banks may issue such notes. The banknotes issued by the European Central Bank and the national central banks shall be the only such notes to have the status of legal tender within the Union.
Article 18 TEU
Authors: Loewenthal Paul-John
Published: March 2021

The post of High Representative was created by the ToA. That treaty amended the TEU to state that the Presidency of the Council should be assisted in the area of CFSP by the SG of the Council who is to exercise the function of ‘High Representative for common foreign and security policy’. That change was necessary since, after creating the Union and the pillar on CFSP, the solution adopted by ToM of attributing the representation of the Union for that policy on the presidency of the Council proved unsatisfactory, considering the lack of continuity resulting from the six-month rotation of that post.
Article 133 TFEU
Authors: Flynn Leo
Published: March 2021

Without prejudice to the powers of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the measures necessary for the use of the euro as the single currency. Such measures shall be adopted after consultation of the European Central Bank.
Title IX Employment
Authors: Garben Sacha
Published: March 2021

Title IX on employment lays down the legal infrastructure for policy coordination at the EU level. This largely non-legislative, coordinating competence is an atypical one in the EU legal order, as reflected in Title I of the TFEU on categories and areas of Union competence. Article 2(3) TFEU provides that ‘the Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide’, which is mentioned separately from the categories of exclusive, shared, and complementary competence created by the ToL. It is further specified in Article 5 TFEU.
Article 149 TFEU
Authors: Garben Sacha
Published: March 2021

Article 129 EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, in particular by recourse to pilot projects.
Article 152 TFEU
Authors: Garben Sacha
Published: March 2021

The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.
Article 154 TFEU
Authors: Garben Sacha
Published: March 2021

Article 138 EC The Commission shall have the task of promoting the consultation of management and labour at Union level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
Article 157 TFEU
Authors: Martin Denis
Published: March 2021

Article 141 EC Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.
Article 158 TFEU
Authors: Garben Sacha
Published: March 2021

Article 142 EC Member States shall endeavour to maintain the existing equivalence between paid holiday schemes.
Article 161 TFEU
Authors: Garben Sacha
Published: March 2021

Article 145 EC The Commission shall include a separate chapter on social developments within the Union in its annual report to the European Parliament.
Article 162 TFEU
Authors: Flynn Leo
Published: March 2021

Article 146 EC In order to improve employment opportunities for workers in the internal market and to contribute thereby to raising the standard of living, a European Social Fund is hereby established in accordance with the provisions set out below; it shall aim to render the employment of workers easier and to increase their geographical and occupational mobility within the Union, and to facilitate their adaptation to industrial changes and to changes in production systems, in particular through vocational training and retraining.
Title XVI Trans-European Networks
Authors: Kochenov Dimitry
Published: March 2021

Title XVI introduced by ToM contains provisions to ensure that firms and citizens benefit the most from the internal market though the establishment of trans-European networks in transport, energy, and telecommunications, which are both interconnected and interoperable.
Article 174 TFEU
Authors: Flynn Leo
Published: March 2021

Article 158 EC In order to promote its overall harmonious development, the Union shall develop and pursue its actions leading to the strengthening of its economic, social and territorial cohesion.
Article 177 TFEU
Authors: Flynn Leo
Published: March 2021

Article 161 EC The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.
Article 178 TFEU
Authors: Flynn Leo
Published: March 2021

Article 162 EC Implementing regulations relating to the European Regional Development Fund shall be taken by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
Article 181 TFEU
Authors: Garben Sacha
Published: March 2021

Article 165 EC A multiannual framework programme, setting out all the activities of the Union, shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee.
Article 183 TFEU
Authors: Garben Sacha
Published: March 2021

Article 167 EC For the implementation of the multiannual framework programme the Union
Article 189 TFEU
Authors: Garben Sacha
Published: March 2021

For a long time, space policy was pursued outside the EU framework either by MS individually or through independent cooperation structures, such as the European Space Agency (ESA). The intergovernmental ESA Convention was signed in Paris on 30 May 1975 by Belgium, Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the UK and entered into force on 30 October 1980. While the EU’s involvement in space activities had been developing already since the 1980s, with the establishment of the Galileo and Copernicus space programmes at the turn of the millennium, these activities were only given a firm footing in the EU primary law by the ToL’s introduction of Article 189 TFEU.
Article 196 TFEU
Authors: Garben Sacha
Published: March 2021

The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Article 197 TFEU
Authors: Garben Sacha
Published: March 2021

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.
Article 202 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 186 EC Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be regulated by acts adopted in accordance with Article 203.
Article 204 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 188 EC The provisions of Articles 198 to 203 shall apply to Greenland, subject to the specific provisions for Greenland set out in the Protocol on special arrangements for Greenland, annexed to the Treaties.
Article 205 TFEU
Authors: Erlbacher Friedrich , Rusche Tim Maxian
Published: March 2021

The Union’s action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.
Article 209 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 179 EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.
Article 210 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 180 EC In order to promote the complementarity and efficiency of their action, the Union and the Member States shall coordinate their policies on development cooperation and shall consult each other on their aid programmes, including in international organisations and during international conferences. They may undertake joint action. Member States shall contribute if necessary to the implementation of Union aid programmes.
Article 24 TEU
Authors: Ramopoulos Thomas
Published: March 2021

The Union’s competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union’s security, including the progressive framing of a common defence policy that might lead to a common defence.
Article 213 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.
Article 214 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

The Union’s operations in the field of humanitarian aid shall be conducted within the framework of the principles and objectives of the external action of the Union. Such operations shall be intended to provide ad hoc assistance and relief and protection for people in third countries who are victims of natural or man-made disasters, in order to meet the humanitarian needs resulting from these different situations. The Union’s measures and those of the Member States shall complement and reinforce each other.
Article 216 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

In providing that the Union has treaty-making power, Article 216(1) TFEU is one of the main expressions of the Union’s international legal personality (Article 47 TEU). Article 216(1) TFEU was first introduced by the ToL. The Court has already decided that it constitutes a consolidation of earlier case law. Its wording is unclear on different accounts, some of which have however since been clarified by the Court.
Article 219 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 111(1) to (3) and (5) EC By way of derogation from Article 218, the Council, either on a recommendation from the European Central Bank or on a recommendation from the Commission and after consulting the European Central Bank, in an endeavour to reach a consensus consistent with the objective of price stability, may conclude formal agreements on an exchange-rate system for the euro in relation to the currencies of third States. The Council shall act unanimously after consulting the European Parliament and in accordance with the procedure provided for in paragraph 3.
Article 26 TEU
Authors: Ramopoulos Thomas
Published: March 2021

The European Council shall identify the Union’s strategic interests, determine the objectives of and define general guidelines for the common foreign and security policy, including for matters with defence implications. It shall adopt the necessary decisions.
Article 224 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 191, second subparagraph, EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, by means of regulations, shall lay down the regulations governing political parties at European level referred to in Article 10(4) of the Treaty on European Union and in particular the rules regarding their funding.
Article 226 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 193 EC In the course of its duties, the European Parliament may, at the request of a quarter of its component Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by the Treaties on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.
Article 230 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 197, second, third and fourth paragraph, EC The Commission may attend all the meetings and shall, at its request, be heard. The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
Article 237 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 204 EC The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
Article 239 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 206 EC Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.
Article 242 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 209 EC The Council, acting by a simple majority shall, after consulting the Commission, determine the rules governing the committees provided for in the Treaties.
Article 245 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 213 EC The Members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their tasks.
Article 247 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 216 EC If any Member of the Commission no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the Council acting by a simple majority or the Commission, compulsorily retire him.
Article 258 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 226 EC If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.
Article 262 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.
Article 32 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 16 TEU Member States shall consult one another within the European Council and the Council on any matter of foreign and security policy of general interest in order to determine a common approach. Before undertaking any action on the international scene or entering into any commitment which could affect the Union’s interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.
Article 288 TFEU
Authors: Klamert Marcus , Loewenthal Paul-John
Published: March 2021

Article 249 EC To exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
Article 293 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 250 EC Where, pursuant to the Treaties, the Council acts on a proposal from the Commission, it may amend that proposal only by acting unanimously, except in the cases referred to in paragraphs 10 and 13 of Article 294, in Articles 310, 312 and 314 and in the second paragraph of Article 315.
Article 298 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 298 TFEU is a new provision introduced by the ToL. It finds its genesis in the ConstT. Its purpose is to ensure that the institutions, bodies, offices, and agencies of the Union have the support of an open, efficient, and independent administration and to empower the EP and the Council to adopt regulations to ensure that outcome.
Chapter 3 The Union’s Advisory Bodies
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 300 contains the fundamental provisions on both the (European) Economic and Social Committee (EESC) and the Committee of the Regions (CoR).
Article 306 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 264 EC The Committee of the Regions shall elect its chairman and officers from among its members for a term of two and a half years.
Article 309 TFEU
Authors: Flynn Leo
Published: March 2021

Article 267 EC The task of the European Investment Bank shall be to contribute, by having recourse to the capital market and utilising its own resources, to the balanced and steady development of the internal market in the interest of the Union. For this purpose the Bank shall, operating on a non-profit-making basis, grant loans and give guarantees which facilitate the financing of the following projects in all sectors of the economy:
Article 312 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

The ToL introduced Article 312 TFEU in order to incorporate the MFF into the Treaties. Previously, multiannual financial planning resulted from an interinstitutional agreement.
Article 324 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Regular meetings between the Presidents of the European Parliament, the Council and the Commission shall be convened, on the initiative of the Commission, under the budgetary procedures referred to in this Title. The Presidents shall take all the necessary steps to promote consultation and the reconciliation of the positions of the institutions over which they preside in order to facilitate the implementation of this Title.
Article 38 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 25 TEU Without prejudice to Article 240 of the Treaty on the Functioning of the European Union, a Political and Security Committee shall monitor the international situation in the areas covered by the common foreign and security policy and contribute to the definition of policies by delivering opinions to the Council at the request of the Council or of the High Representative of the Union for Foreign Affairs and Security Policy or on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the powers of the High Representative.
Article 326 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Articles 27a to 27e, 40 to 40b, and 43 to 45 TEU and ex Articles 11 and 11a EC any enhanced cooperation shall comply with the Treaties and Union law.
Article 39 TEU
Authors: Ramopoulos Thomas
Published: March 2021

In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.
Article 350 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 306 EC The provisions of the Treaties shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of the Treaties.
Article 41 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 28 TEU Administrative expenditure to which the implementation of this Chapter gives rise for the institutions shall be charged to the Union budget.
Article 357 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 313 EC this Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The Instruments of ratification shall be deposited with the Government of the Italian Republic.
Article 4 CFR
Authors: Lock Tobias
Published: March 2021

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 42 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 17 TEU The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.
Article 11 CFR
Authors: Lock Tobias
Published: March 2021

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
Article 18 CFR
Authors: Lock Tobias
Published: March 2021

The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’).
Article 21 CFR
Authors: Martin Denis
Published: March 2021

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
Article 23 CFR
Authors: Martin Denis
Published: March 2021

According to the Explanations, paragraph 1 is based on what is now Article 3 TEU and Article 8 TFEU, which are intended to promote equality between men and women in the Union, and on Article 157(1) TFEU. It draws on Article 20 of the revised European Social Charter (rESC) of 3 May 1996 and on point 16 of the Community Charter on the rights of workers. It is also based on Article 157(3) TFEU and Article 2(4) of Council Directive 76/207/EEC.
Article 27 CFR
Authors: Lock Tobias
Published: March 2021

Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.
Article 44 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Articles 42(5) and 44 TEU introduce yet more flexibility as regards the execution of CSDP tasks in the text of the Treaties. Still, in allowing a group of MS to undertake this, they simply reflect ongoing practice stemming from the fact that MS have differing civilian and military capabilities as well as fluctuating political willingness to embark on CSDP missions. Indeed, the two conditions in Article 44(1) first sentence TEU for this entrustment are that the MS in question are willing and possess the necessary capabilities to execute the task.
Article 29 CFR
Authors: Lock Tobias
Published: March 2021

The right of access to placement services provided for in Article 29 CFR complements the right to engage in work laid down in Article 15 CFR.
Article 31 CFR
Authors: Lock Tobias
Published: March 2021

The attainment of fair and just working conditions, which—according to its heading—Article 31 CFR ensures, is the aim of all labour law, so that this provision could be considered to take a central place in the concert of workers’ rights contained in the Charter. However, the actual provision is narrower than its heading would suggest and limited to health, safety, and dignity at work in paragraph 1 and working time in paragraph 2. It therefore does not grant a general right to fair and just working conditions.
Article 33 CFR
Authors: Lock Tobias
Published: March 2021

To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
Article 41 CFR Right to good administration
Authors: Lock Tobias
Published: March 2021

The right to good administration found in Article 41 CFR has been recognised as a general principle of EU law by the ECJ well before the adoption of the Charter. Paragraphs 3 and 4 replicate Article 340 TFEU as well as Articles 20(2)(d) and 24(4) TFEU respectively, so that the commentary on these provisions should be consulted for further information.
Article 43 CFR
Authors: Martin Denis
Published: March 2021

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.
Article 46 TEU
Authors: Ramopoulos Thomas
Published: March 2021

The Council shall adopt a decision confirming the participation of the Member State concerned which fulfils the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified majority after consulting the High Representative. Only members of the Council representing the participating Member States shall take part in the vote.
Article 49 CFR
Authors: Lock Tobias
Published: March 2021

No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
Article 52 CFR
Authors: Lock Tobias
Published: March 2021

Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Article 52 TEU
Authors: Kochenov Dimitry
Published: March 2021

What has been regulated together in Article 299 EC-ToN was split up by the ToL between Article 52 TEU and Article 355 TFEU. In absence of clarifications in secondary law (see para [6]), Article 52 TEU in conjunction with Article 355 TFEU also applies to secondary law.
Article 54 TEU
Authors: Klamert Marcus
Published: March 2021

Article 52 TEU This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.
Article 1 TFEU
Authors: Klamert Marcus
Published: March 2021

The EU is founded on ‘the Treaties’, i.e. the TEU and the TFEU (Article 1(2) TEU). It has been referred to as a ‘community of law’, and a ‘Community based on the rule of law, in as much as neither its Member States nor its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty’.
Article 2 TFEU
Authors: Klamert Marcus
Published: March 2021

Paragraphs 1, 2, 3, and 5 of Article 2 TFEU define three categories of competence, namely, exclusive, shared, and supporting (or coordinating) competence, further set out, respectively, in Article 3 TFEU (exclusive), Article 4 TFEU (shared), and Articles 5 and 6 TFEU (supporting/coordinating). Paragraph 4 of Article 2 TFEU mentions the CFSP, an area that is not further set out in this part of the Treaty and which does not fall within the categories defined in Article 2 TFEU. According to Article 2(6) TFEU, the scope of and arrangements for exercising the Union’s competences are to be determined by the provisions of the Treaties relating to each area.
Article 4 TFEU
Authors: Klamert Marcus
Published: March 2021

The Union has shared competence wherever it has neither exclusive nor supporting competence (Article 4(1) TFEU).
Article 11 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 6 EC Environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development.
Article 25 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 22 EC The Commission shall report to the European Parliament, to the Council and to the Economic and Social Committee every three years on the application of the provisions of this Part. This report shall take account of the development of the Union.
Fundamental Concepts of the Customs Union
Authors: Lyons QC Timothy
Published: March 2021

Having placed the Union’s customs union in the context of Union law generally, we now turn to consider Union customs law itself. We begin with an examination of the nature of the European Union’s (EU’s) and Community’s customs union and its relationship with the European Coal and Steel Community (‘ECSC’) and the European Atomic Energy Community (‘Euratom’). Then, after mentioning briefly the common customs tariff, which is considered in more detail in Chapter 5 below, we look at three matters which are essential to the internal aspect of the EU’s customs union, namely, the prohibition of customs duties and charges having equivalent effect, the nature of goods for the purposes of the customs union, and the meaning of goods in free circulation. Finally, we examine the territorial scope of the customs territory of the Union and identify the customs unions of which it forms part.
The Customs Union: Legislation and Administration
Authors: Lyons QC Timothy
Published: March 2021

Having looked at the foundations of the customs union, we now turn, briefly, to some of the legal instruments and administrative arrangements at the heart of it. On 1 May 2016 the UCC became the basic source of EU customs law along with the accompanying secondary legislation. Before then, the basic source was the CCC and its associated implementing legislation. The CCC will, however, remain relevant for a long time yet.
International Arrangements and Agreements
Authors: Lyons QC Timothy
Published: March 2021

In the previous two chapters we have looked at the basic sources of customs law created autonomously by the EU which are central to the customs union. We now turn to those sources of customs law which have been established or negotiated by the EU to govern its relationship with third countries—arrangements, agreements, and conventions which, as well as being concerned with customs law, implement the EU’s external relations policy, particularly in relation to trade and development.
The Valuation of Goods
Authors: Lyons QC Timothy
Published: March 2021

Customs duties, as we saw in Chapter 5 above, may be specific or imposed on an ad valorem basis. Uniformity of treatment has been achieved in relation to specific duties by use of supplementary units, units of account, and the euro. In relation to ad valorem duties, however, uniformity of treatment is ensured by establishing a uniform basis for valuing the goods in question. As the Court of Justice has put it:
Processing
Authors: Lyons QC Timothy
Published: March 2021

Inward and outward processing are customs procedures of considerable economic importance to the EU, as can be seen from the fact that the Annexes to the original Kyoto Convention which dealt with them (E6 and E8 respectively) were amongst some of the earliest accepted by it in 1977. The EU legislation on processing is extensive, but was first considerably simplified in 2001. The process of simplification has been continued under the UCC. The concern to simplify customs law and to align customs procedures with commercial activity has led to processing under the UCC being considerably different from processing under the CCC.
Repayment and Remission, Decisions and Appeals
Authors: Lyons QC Timothy
Published: March 2021

The repayment and remission of customs duty and appeals against decisions of customs authorities are dealt with in different chapters of the UCC just as they were in the CCC. Repayment and remission is in the UCC Title III (‘Customs Debt and Guarantees’), Chapter 3, section 3 (‘Repayment and Remission’), which includes sections 116 to 123. The sections on decisions and appeals are in Title I (‘General Provisions’), Chapter 2 (‘Rights and Obligations of Persons with regard to the Customs Legislation’), section 3 (Articles 22 to 37) and section 6 (Articles 43 to 45). In the CCC, the relevant provisions were placed more closely together in Title VII, Chapter 5 and Title VIII. The reorganization of the UCC is intended to reflect the fact that the debt arises early in the commercial process. As repayment and remission is often a matter on which decisions and appeals are made, the provisions of the UCC relating to them are, very largely, dealt with together in this chapter.
Energy and Trans-European Networks
Authors: Schneider Jens-Peter
Published: March 2021

The European Union has established a growing and increasingly complex legal framework for production, trade and consumption of energy during the last decades. In the beginning, the former European Communities played only a very limited role, as energy policy fell mainly into the competences of the Member States. Neither the Treaty on the European Community for Coal and Steel (1951) nor the EURATOM-Treaty (1957) limited the national competences to regulate the national energy mix or the structure of energy industries. A remnant of this former primacy of national competencies can be found in Article 192(2) TFEU.
Labour Law and Social Policy
Authors: Kountouris Nicola , Tsadiras Alexandros
Published: March 2021

Labour law and social policy are sometimes perceived as somewhat peripheral areas of the European integration project, areas that do ‘not enjoy the same status as the economic strand of internal market law’. Armstrong, elaborating on the scholarship of Scharpf, and Joerges and Rödl, recalls that the original constitutional ‘social deficit’ ‘was not … a design flaw as such but rather an understanding of the relative roles of the EU and nation states’. As argued by Giubboni, in the eyes of its founders, the EU/EEC was to have been primarily tasked with the (liberal) economic and market integration of the participating states, so as to increase their overall economic prosperity and endow the national welfare states with the resources necessary to perform their key redistributive tasks. Almost without fail, specialist textbooks recall the paucity and lack of enforceability of the social policy provisions contained in the Treaty of Rome, often noting that ‘the first steps to European Labour’ occurred ‘in spite of the Treaty’, that is to say in the absence of clear law-making powers, that only started emerging with the Treaty of Maastricht and, more markedly, with the Treaty of Amsterdam. To this day, political scientists add to this,
Formation of Contracts
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The question of when an agreement between the parties becomes an enforceable contract is a question of general contract law. Roman jurists did not feel the need for such abstract enquiries, since they developed their contract rules case by case for each type of contract.
The Anti-Deprivation Rule and the Pari Passu Principle
Authors: Parry Rebecca , Shivji Sharif , Olliff-Cooper Guy
Published: March 2021

The underlying principle governing the application of assets in liquidation and bankruptcy is distribution in accordance with a system of priorities in which a creditor’s place is determined according to his status prior to the commencement of insolvency proceedings and the debtor’s assets are shared among creditors rateably according to the size of their admitted claims. This scheme is commonly referred to as pari passu distribution, based on equality; however, in view of the scheme of priorities that is in operation, the term pari passu is to a large extent misleading and its continued usage has been controversial. Arguably the term ‘pari passu distribution’ is best regarded as a convenient, although not wholly accurate, shorthand term to describe the collective scheme of distribution of the debtor’s estate in insolvencies
Tests of Earnestness
Authors: Kötz Hein
Published: March 2021

This chapter examines the question whether a mere agreement of the parties is sufficient to justify the existence of an enforceable contract. Or should evidence be required to show that the promisor was ‘in earnest’, ‘seriously intended’ to enter into an enforceable obligation, or was induced to make his promise only in view of a ‘consideration’, i.e. some sort of counterperformance by the promisee in which the promisor had an interest? The chapter first discusses cases in which a ‘gift’ is promised by one party and then moves to other ‘gratuitous transactions’, focusing on contracts of guarantee, contracts for the use of property, contracts for the management of affairs, offers to contract, and modifications of contract. It also analyses the intention to enter a legal obligation as requirement for a contract to be valid.
The Concept of Insolvency Proceedings
Authors: Anderson Hamish
Published: March 2021

Insolvency proceedings, whether of a terminal or a reorganizational nature, are the proceedings which can be invoked by or in respect of a company so as to subject its property and affairs to the rules of insolvency law applicable to the administration of an insolvent estate.
Jurisdiction of the Court
Authors: Anderson Hamish
Published: March 2021

The ‘court’, for the purposes of the Act and Rules, means the court with jurisdiction to wind up a company. The High Court has jurisdiction to wind up any company registered in England and Wales. The county court has concurrent jurisdiction in respect of any company whose paid up share capital does not exceed £120,000, unless the place which has longest been the registered office of the company during the previous six months is in the London insolvency district.
The Insolvent Estate
Authors: Anderson Hamish
Published: March 2021

The insolvent estate is comprised of the property which is the subject matter of an insolvency proceeding. It is important that there is clarity in this respect. If the proceeding is distributive, the estate is the property which will be realized for the benefit of the creditors; if it is reorganizational, the estate is the property which will be protected by any stay and which may be the subject of the reorganization. The Act does not define the insolvent estate for the purposes of its corporate insolvency provisions; the crucial term used by the Act is ‘property’.
Investigation
Authors: Anderson Hamish
Published: March 2021

An office-holder cannot discharge his functions without a full understanding of the affairs, business, and property of the company. However, a significant prior professional relationship is regarded as posing a clear threat to the objectivity of an insolvency practitioner such as to make it inappropriate to accept appointment as an office-holder in insolvency proceedings relating to the company. The requirement for an office-holder to be independent of the company therefore means that he may have little or even none of the requisite knowledge prior to his appointment.
Appeals By the Regulator
Authors: Hamer Kenneth
Published: March 2021

In the absence of a statutory or other right of appeal, a regulator is entitled to bring judicial review proceedings against the decision of the disciplinary tribunal (see R v. Statutory Committee of Pharmaceutical Society of Great Britain, ex parte Pharmaceutical Society of Great Britain [1981] 1 WLR 886) or the chief constable may seek judicial review of the decision of the Police Appeals Tribunal.
Constitution of Panel
Authors: Hamer Kenneth
Published: March 2021

The panel initially comprised two medical practitioners and three lay members. When the hearing resumed in 2007, only one of the medical practitioners (an orthopaedic surgeon) remained. Counsel, on appeal, suggested that this limited and called into question the expertise that the panel brought to the decision, which, as a result, required the Court to pay less deference to its conclusions.
Delay
Authors: Hamer Kenneth
Published: March 2021

In the first case, W and B were police officers who gave evidence at a trial in the Sheriff Court at Linlithgow. When the trial ended, the sheriff, in open court, expressed the opinion that the officers had committed perjury. This statement received wide publicity in the press at the time. Both were charged with perjury and proceedings against them were commenced by way of summary complaint. Before the date of the pleading diet, each of the officers gave notice of a devolution issue and claimed that there had been such delay in bringing proceedings against them as to breach the reasonable time requirement. The House of Lords allowed an appeal by the Crown from the decision of the High Court of Justiciary, confirming the decision of the sheriff to uphold pleas in bar of trial.