Sentences with phrase «within exclusive competence»

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.

The question that the Court had to grapple with was whether the European Union had exclusive competence to enter into such agreements, or whether this competence was shared between the EU and the Member States (or even fell within the exclusive competence of the Member States), at least with respect to certain issues.

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.

(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;

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.

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.

Not exact matches

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.

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).

19 out of 20 Member States and the Council rejected this idea, whereas the Parliament, the Commission and the Italian Republic argued that such a decision indeed fell within exclusive EU competence.

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.

[ii] The Court, however, pointedly refused to take the easy way out and made it clear that ISDS provisions require Member States» consent regardless of whether the substance of investment protection falls within exclusive or shared competence, because they «remove disputes from the jurisdiction of the courts of the Member States» (para. 292).

There was never much doubt that large parts of the EUSFTA fell within EU exclusive competence, but one area that was the source of considerable legal contention was that of investment.

Only with the Treaty of Lisbon did the scope of the common commercial policy (CCP) extend to cover «foreign direct investment» (FDI), thereby putting at least part of current international investment policies within EU exclusive competence.

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