Sentences with phrase «exclusive competence»

If the above policy fields and all other matters contained in the FTA were to fall within the scope of exclusive competence of the EU, then such agreements can be concluded as «EU - only» agreements.

The Commission, on the other hand, had proposed to accept accession by proposing decisions to the Council for the latter to issue declarations of acceptance, as it considered that the matter fell within EU exclusive competence in light of article 3 (2) TEU.

The Court first stated that Opinion 1/94 was no longer relevant in this case (para 48) and proceeded with a fresh start on whether the TRIPS agreement fell within exclusive competence.

In fact, fiscal policy is the counterpart to monetary policy, which is enumerated in the list of exclusive competences in Article 3 (1)-RRB- TFEU — the fact that competence for monetary policy does not entail fiscal policy is the reason for the existence of the Fiscal Compact in the first place.

On the well - established doctrine of enforcement - follows - substance, that would have been enough to deny the EU exclusive competence for the chapter's dispute settlement provisions as well.

Next, the Court had to determine whether the amendment was confined to Part Three of the Treaty and thus had to establish whether it improperly encroached upon other EU policies outside of Part Three, namely the EU's exclusive competence over monetary policy and the power to coordinate economic policy, enshrined in Part One TFEU.

[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).

This was exactly the case here, as exclusive competence would mean that Member States can no longer act on their own.

It should be noted that while the new provisions with regard to investment liberalisation are an extension of existing practice pre-Lisbon, the EU is venturing into uncharted waters with its new exclusive competence in the field of investment protection.

More in particular, the EPPO's exclusive competence appears to be a sore point (e.g. the Polish Senate, Romanian Chamber of Deputies, Dutch Senate, Hungarian National Assembly, German Bundesrat and the British House of Lords).

The «minimum harmonisation» exception was reaffirmed in Opinion 1/03 on the Lugano Convention, where a full court summarised the exception's rationale by stating that «the Court did not find [in Opinion 2/91] that the Community had exclusive competence where, because both the Community provisions and those of an international convention laid down minimum standards, there was nothing to prevent the full application of Community law by the Member States» (para. 123).

The Court distinguished Neighbouring Rights from Opinion 2/91 by repeating that in that opinion the EU did not have exclusive competence because both the provisions of EU law and those of the international convention in question laid down minimum requirements.

The ECJ rightly dispatched with the rather outlandish argument that since Treaty provisions on free movement of capital would be affected by the EUSFTA, the EU enjoyed exclusive competence pursuant article 3 (2) TFEU (see paras. 229 - 238).

For the AG, Article 3 (2) TFEU lays down additional grounds for EU exclusive competence other than the express exclusive powers in Article 3 (1) TFEU and therefore that «competence must -LSB-...] stem from some other basis than the Treaties themselves» (para. 353).

According to the AG, moreover, a single provision obliging the member states to terminate their bilateral investment treaties with Singapore upon entry into force made for an MS exclusive competence.

The Lisbon Treaty for the first time expressly attributed exclusive competence to the EU in the area of foreign investment by adding foreign direct investment (FDI) to the scope of the Common Commercial Policy (CCP).

In Opinion 2/15 on the EU - Singapore FTA, the Court held that the proposed investment chapter covered rather more than «foreign direct investment» and hence fell beyond the scope of the common commercial policy's exclusive competence of the EU.

In its Opinion, the Court found that the EU had exclusive competence over most of the EUSFTA and shared competence over non-direct investment and Investor - State Dispute Settlement (ISDS).

Similarly, the Polish Senate criticizes the EPPO's exclusive competence for not being in compliance with the principle of proportionality.

All too predictably, the composite content of the agreement and, particularly, the inclusion of a chapter specifically dealing with investment protection and investment dispute settlement soon prompted the question of whether the EU's new exclusive competence could be interpreted as encompassing both direct and indirect investment as well as investor - State dispute settlement mechanism (ISDS).

It is not easy for Member States to «go unilateral»: even if there is no possible contradiction between EU rules and an international agreement, the mere risk that EU rules can no longer be uniformly applied will trigger EU exclusive competence on the basis of article 3 (2) TFEU.

Renault's board has been insistent that despite the alliance, Mr Ghosn's pay at Nissan «is of the exclusive competence of the decision - making bodies of Nissan» and, as a result, the decision to include «no information in the [Renault AGM] notice of meeting regarding the compensation received from Nissan is not misleading for shareholders....»

In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action can not be efficiently achieved by the Member states and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.

Secondly, to streamline its diplomatic action so to encompass the various areas of shared and exclusive competence (e.g. trade, energy, climate change), and thirdly, to aim at reinforcing the legalisation of those international agreements and institutions that are deemed as capable to protect the EU's strategic endowment and interests.

Since the first paragraph of Article 3 (explicit exclusive competences) does not refer to the withdrawal agreement, it is arguable that the second paragraph (implicit exclusive competences) is relevant.

Second, in accordance with Article 86 (2) TFEU, the EPPO will have exclusive competence to investigate, prosecute and bring to judgment criminal offences affecting the EU's financial interests (Article 11 (4)-RRB-.

Specifically, Article 20 of the Agreement provides that «all questions concerning the validity of decisions of the institutions of the Community taken on the basis of their competences under this Agreement shall be of the exclusive competence of the Court of Justice of the European Communities.»

The first one would have to focus only on «setting out the arrangements for [the] withdrawal» of the United Kingdom and should in any case only contain provisions pertaining to the exclusive competence of the European Union.

The EU's exclusive competence to conclude the agreements in these matters was fiercely contested by the Council and the Member States, and one of the reasons they brought forward to limit the scope of the CCP was that it would serve as a means to «get around» other legal bases and harmonize laws internally within the EU without having recourse to the proper legal basis for it.

In last Tuesday's Opinion (Grand Chamber) following an article 218 (11) request by the Commission, the Court confirmed that the acceptance of the accession of an non-Union country to the 1980 The Hague Convention on child abduction fell within the EU's exclusive competence.

According to this paragraph, «the Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope».

It is also likely to require ratification by all the Member States in accordance with their respective constitutional requirements («mixed agreement»), except if it only contains provisions falling within the scope of the exclusive competences of the European Union (Common Commercial policy for example).

The EPPO, when and if created, would have exclusive competence to investigate and prosecute EU fraud, [1] thereby excluding any prosecutorial discretion at national level.

The exclusive competences of the European Union are listed in Article 3 TFEU.

60) If the Community were to be recognized as having exclusive competence to enter into agreements with non-member countries to harmonize the protection of intellectual property and, at the same time, to achieve harmonization at Community level, the Community institutions would be able to escape the internal constraints to which they are subject in relation to procedures and to rules as to voting.

The Court rejected the Commission's argument that the agreement was covered by the EU's exclusive competence to conduct a common commercial policy, but did follow the Commission in its argument that the agreement is covered by an ERTA effect.

In such an event, no ERTA effect will be triggered, and the EU does not acquire an exclusive competence to conclude the proposed agreement.

Today, the doctrine is given textual expression in Article 3 (2) TFEU, which provides that «[t] he Union shall... have exclusive competence for the conclusion of an international agreement... in so far as its conclusion may affect common rules or alter their scope.»

While Adequacy Decisions bind Member States until the moment they are declared invalid — an exclusive competence of the CJEU - national DPAs retain their full investigative powers and even have the duty to investigate claims lodged by individuals casting doubts about the adequacy of the protection afforded by the third country in question.

These provisions conflict with EU law on the exclusive competence of the EU court [s] for claims which involve EU law, even for claims where EU law would only partially be affected.

This assessment would also remain the same if the ECtHR were to decide exclusively based on the arguments of the respondent and the co-respondent without hearing the applicant; even if by these means the ECtHR would merely «confirm «an agreement reached by the respondent and the co-respondent on the distribution of responsibility, this would concern a question falling within the exclusive competence of the CJEU (para 234).

It would violate the exclusive competence of the CJEU to interpret EU secondary law in a binding manner if as a consequence the ECtHR had to decide for itself on a plausible interpretation of secondary law in this context (para 246).

The Council was perfectly happy with Member States deciding on accession on their own, and rejected the view that a decision to accept accession fell within EU exclusive competence.

«conflict [s] with EU law on the exclusive competence of EU courts for claims which involve EU law, even for claims where EU law would only partially be affected.»

«The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union [Opinion 1 / 94 - type exclusivity] or is necessary to enable the Union to exercise its internal competence [Opinion 1 / 76 - type exclusivity], or in so far as its conclusion may affect common rules or alter their scope [ERTA - type exclusivity].»

The Greek Conseil d'Etat considered that a refusal to recognise a law degree was not contrary to EU law because education was an exclusive competence of the Member States.

Obligatory mixity arises where a mixed agreement is required because the EU has exclusive competence over one area of an agreement, but no competence at all over another area.