Sentences with phrase «not exclusive competence»

[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).

Not exact matches

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.

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

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.

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).

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.

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.

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.

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.

(d) remains within the limits of the powers of the Union or of the Community and does not concern the areas which fall within the exclusive competence of the Community;

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 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.

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.»

Feelings of apprehension and competence aren't mutually exclusive.