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.
«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].»
Similarly, the Polish Senate criticizes the EPPO's
exclusive competence for not being in compliance with the principle of proportionality.
Not exact matches
A review of current randomized controlled trials suggest that the benefits of holding
for preterm babies include shortened hospital stay, decreased illness, higher
exclusive breastfeeding rates / longer breastfeeding duration, increased weight gain, improved temperature regulation, and improved maternal sense of
competence.
Furthermore, since foreign direct investment (FDI) falls under
exclusive EU
competence (Article 207 (1) TFEU), the CJEU has the power to decide on the domestic effects of the investment protection provisions of EU international agreements (Slovak Brown Bear, paras. 30 - 32; but we need to wait also
for Opinion 2/15, EU - Singapore), even if a case is brought against a Member State measure before a Member State court.
If the EU's
competence is
exclusive, the agreement would be concluded by the EU alone; if it is shared, the Member States would opt
for a mixed agreement.
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.
Secondly, even if enhanced cooperation was permissible, it argued that the authorizing decision violated the treaty requirements
for its use viz: the authorization was not a «last resort» and was in an area of
exclusive EU
competence (Article 20 TEU); the authorization violated the principle of non-discrimination and undermined the single market by creating discrimination in trade and distortions to competition within the single market (Article 326 TFEU); and, did not respect the rights of the non-participating states (Article 327 TFEU).
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).
After all, the Union's
exclusive competence in the area of monetary policy
for the Eurozone Member States entails parallel
exclusive competence in external relations, as is confirmed by the wording of Article 219 (3) TFEU.
However, there is no indication
for this
competence to interfere with any of the
exclusive competences named in Article 3 TFEU.
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.
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. 35
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. 35
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).
However, the Commission had argued that such
competence exists on the basis of the EU law theory of succession, according to which the EU assumes the responsibilities of the Member States
for international agreements concluded by them that now fall entirely within the
exclusive competence of the EU.
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.
ABIF recently responded to the statement claiming that it is not responsible
for resolving the problem between banks and crypto exchanges, stating that it is an «
exclusive competence of each institution,» and that the problem «must be addressed and resolved in the context of the individual relationship of each bank with its customers.»
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