Sentences with phrase «enjoy wide discretion»

According to recital 12 and Article 6 (4) the national authorities should merely provide a written confirmation of their situation and enjoy wide discretion as to the form and format of that confirmation.

[4] Quite often, the challenged measures relate to policy areas where member states enjoy wide discretion (if not exclusive competence), which begs the question of whether the measures relate to a «field covered by EU law» if the measures only have to comply with the fundamental freedoms and the principle of non-discrimination and have no direct connection to the requirements of specific EU acts (such as directives and regulations).

[10] Hence, as a matter of EU law, the investors who benefited from the solar energy subsidies could not entertain legitimate expectations about the legality of the aid, and neither could they (as noted) challenge the scaling back under EU law as Spain enjoys wide discretion on how to reach its renewable energy goals.

Not exact matches

For this wider circle of «other family members» (as opposed to the narrow circle of family members set out in Article 2 (2) of the Directive), Member States enjoy a broader margin of discretion and do not have to grant an «automatic» right of entry and residence (para 20).

The general and abstract character of this principle necessarily entails that the margin of discretion that the European legislator enjoys when putting the principle into effect, through the enactment of secondary law, is wide.

Second, if Member States enjoy a wide margin of discretion in choosing what method of harmonisation they want to pursue, it is hard to discern why the popular minimum harmonisation tool should be removed from the box when its overall harmonising effect is identical to that of partial harmonisation: both do not eliminate all obstacles to trade, but they do eliminate some.

First, it considered this effect to be «the inevitable consequence of the method of harmonisation chosen by the EU legislature» that enjoyed a wide margin of discretion to pursue either gradual or immediate full harmonisation (para 80).