Sentences with phrase «exclusive competences in»

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.

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.

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.

Not exact matches

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-.

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

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.

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 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.

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.

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.

Consequently, the Court held, the amendment was not capable of affecting exclusive EU competence in monetary policy.

I wonder if this is because Art 114 is in this case not the legal basis giving the EU the largest competence, because 207 falls under the EU's exclusive competence.

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.

This dynamic was at play also in the context of the Marrakesh Treaty, where the discussion revolves around the question of whether the EU is endowed with an exclusive or a shared competence to conclude the agreement.

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

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).

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).

«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].»

However, there is no indication for this competence to interfere with any of the exclusive competences named in Article 3 TFEU.

Be that as it may, in so far as Eurozone Member States are no longer able to fulfil their obligations under the IMF Articles of Agreement without encroaching upon the Union's exclusive competence, it can be argued that they have a duty to take «all appropriate steps to eliminate the incompatibilities» between the Union Treaties and the Articles of Agreement (see Article 351 TFEU).

Unless an agreement is covered entirely by the EU's exclusive competences, it will most likely be concluded in the form of a mixed agreement, i.e. an agreement to which not only the EU, but also the Member States are parties.

That article codifies the ECJ's case - law on implied exclusive treaty - making powers, and in particular the AETR doctrine which establishes such competence if the conclusion of the agreement in question «may affect common rules or alter their scope».

Besides, national legislators must respect EU law even when they act in exercise of an exclusive competence of the State, so as not to adopt measures capable of compromising the protection of legal positions ruled on at the EU level.

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).

The federal government has ample powers to manage its own property without resorting to legislation, although it can do so in areas of exclusive competence.

Scotland and Northern Ireland can enact legislation — including laws overriding those enacted by the UK Parliament in relation to Scotland and Northern Ireland respectively — on all matters save those that are reserved to the exclusive competence of the UK Parliament in Westminster.

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 insofar as the objectives of the proposed action can not be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the CommunitIn areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action can not be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Communitin accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action can not be sufficiently 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.

In deciding that the European Union did not have exclusive competence to enter into agreements including ISDS clauses, the Court made it significantly more likely that the EU would jettison these clauses from its Free Trade Agreements (FTAs) and seek to conclude separate, parallel agreements dealing with dispute resolution.

Commentators usually distinguish this type of mixity (facultative mixity) from compulsory mixity, which applies when the agreement in question covers both matters falling within the exclusive competence of the European Union and matters falling within the exclusive competence of the Member States.

At the time when the EEA was agreed, the EEC / EC only had exclusive competence relating to trade in goods, and limited aspects of trade in services, according to Opinion 1/94.

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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