Keywords

Summary



Keywords

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1 . EEC Treaty - Article 235 - Scope

2 . Social policy - Common vocational training policy - Adoption by the Council of legal measures providing for Community action and imposing obligations of cooperation on the Member States - Legal basis - Article 128 of the Treaty

( EEC Treaty, Art . 128 )

3 . EEC Treaty - Division of powers and conditions governing their exercise - Lack of uniformity

4 . Measures adopted by the institutions - Drafting procedure - Legislative measures and budgetary measures - Different procedural requirements

5 . Social policy - Common vocational training policy - Vocational training - Concept - University studies - Inclusion - Limits

( EEC Treaty, Art . 128 )

6 . Social policy - Common vocational training policy - Adoption by the Council of the European Community Action Scheme for the Mobility of University Students ( Erasmus ) - Programme extending to the sphere of scientific research - Legal basis - Articles 128 and 235 of the Treaty

( EEC Treaty, Arts 128 and 235; Council Decision 87/327 )

Summary

1 . It follows from the very wording of Article 235 that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question .

2 . The enactment of legal measures providing for Community action in the sphere of vocational training and imposing corresponding obligations of cooperation on the Member States falls within the powers conferred on the Council by Article 128 of the Treaty, interpreted in accordance with its wording and the need to ensure its effectiveness .

3 . Under the system governing Community powers, the powers of the institutions and the conditions on their exercise derive from various specific provisions of the Treaty, and the differences between those provisions, particularly as regards the involvement of the European Parliament, are not always based on consistent criteria .

4 . Under the scheme of the Treaty the conditions under which legislative powers and budgetary powers are exercised are not the same . Consequently, the requirements of the budgetary procedure laid down for making available the appropriations needed for the implementation of the programme at issue cannot have any implications regarding the procedural requirements for its adoption .

5 . Any form of education which prepares for a qualification for a particular profession, trade or employment or which provides the necessary skills for such a profession, trade or employment is vocational training, whatever the age and the level of training of the pupils or students, even if the training programme includes an element of general education . In general, university studies fulfil those criteria . The only exceptions are certain courses of study which, because of their particular nature, are intended for persons wishing to improve their general knowledge rather than prepare themselves for an occupation .

6 . The European Community Action Scheme for the Mobility of University Students ( Erasmus ) concerns not only the sphere of vocational training but also that of scientific research . Hence the Council did not have the power to adopt it pursuant to Article 128 alone and was thus bound, before the Single European Act entered into force, to base the decision on Article 235 as well .