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Questions and Answers
What is the main purpose of giving a legal act a legal basis in EU environmental law?
What is the main purpose of giving a legal act a legal basis in EU environmental law?
Which article of the TFEU promotes sustainable development across the board?
Which article of the TFEU promotes sustainable development across the board?
What is the main objective of Article 114 TFEU in relation to EU environmental policy?
What is the main objective of Article 114 TFEU in relation to EU environmental policy?
What is the prerequisite for European institutions to adopt a legal act in EU environmental law?
What is the prerequisite for European institutions to adopt a legal act in EU environmental law?
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Which article of the TFEU states the objectives of Union policy on the environment?
Which article of the TFEU states the objectives of Union policy on the environment?
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What is one of the objectives of Union policy on the environment according to Article 191 TFEU?
What is one of the objectives of Union policy on the environment according to Article 191 TFEU?
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What is the ordinary legislative procedure used for in EU environmental law?
What is the ordinary legislative procedure used for in EU environmental law?
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What is the purpose of Article 191 TFEU in relation to EU environmental policy?
What is the purpose of Article 191 TFEU in relation to EU environmental policy?
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What is the Commission required to take into account when proposing health, safety, environmental protection, and consumer protection measures?
What is the Commission required to take into account when proposing health, safety, environmental protection, and consumer protection measures?
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What is the primary objective of Article 114?
What is the primary objective of Article 114?
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What is the key difference between the procedures outlined in Article 114 and Article 191-192?
What is the key difference between the procedures outlined in Article 114 and Article 191-192?
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What is the Ordinary Legislative Procedure?
What is the Ordinary Legislative Procedure?
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What is the significance of Article 193 TFEU?
What is the significance of Article 193 TFEU?
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How do Article 114 and Article 191-192 differ in terms of Member States' margin of manoeuvre?
How do Article 114 and Article 191-192 differ in terms of Member States' margin of manoeuvre?
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What is the role of the Committee of the Regions under Article 191-192?
What is the role of the Committee of the Regions under Article 191-192?
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What is the purpose of Article 114(5) and (6) TFEU?
What is the purpose of Article 114(5) and (6) TFEU?
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What is the significance of the Treaty of Lisbon in the context of legislative procedures?
What is the significance of the Treaty of Lisbon in the context of legislative procedures?
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What is the main difference between the objectives of Article 114 and Article 191?
What is the main difference between the objectives of Article 114 and Article 191?
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What is a prerequisite for Member States to introduce more stringent measures on their territory?
What is a prerequisite for Member States to introduce more stringent measures on their territory?
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What is the primary goal of Article 114?
What is the primary goal of Article 114?
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What was the main concern regarding the use of waste oils in the EU?
What was the main concern regarding the use of waste oils in the EU?
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Why is the concept of 'internal market' important in the EU?
Why is the concept of 'internal market' important in the EU?
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What is the consequence of adopting more stringent measures on waste oils without Commission approval?
What is the consequence of adopting more stringent measures on waste oils without Commission approval?
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What is the significance of Article 191 TFEU in relation to environmental protection?
What is the significance of Article 191 TFEU in relation to environmental protection?
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What is the role of the European Commission in approving more stringent measures?
What is the role of the European Commission in approving more stringent measures?
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What is the purpose of harmonization in the EU?
What is the purpose of harmonization in the EU?
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What is the significance of the Waste Oils case (Case 240/83) in the EU Court judgement?
What is the significance of the Waste Oils case (Case 240/83) in the EU Court judgement?
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What is the primary concern of the EU internal market?
What is the primary concern of the EU internal market?
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What is the primary objective of EU environmental policy based on Article 191 of the TFEU?
What is the primary objective of EU environmental policy based on Article 191 of the TFEU?
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What is the significance of Article 11 of the TFEU in the context of EU environmental law?
What is the significance of Article 11 of the TFEU in the context of EU environmental law?
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How does Article 114 TFEU contribute to the functioning of the internal market?
How does Article 114 TFEU contribute to the functioning of the internal market?
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What are the objectives of Union policy on the environment, according to Article 191 TFEU?
What are the objectives of Union policy on the environment, according to Article 191 TFEU?
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What is the role of the European Parliament and the Council in adopting measures for the approximation of national laws, according to Article 114 TFEU?
What is the role of the European Parliament and the Council in adopting measures for the approximation of national laws, according to Article 114 TFEU?
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What is the relationship between Article 191 and Article 114 TFEU in the context of EU environmental policy?
What is the relationship between Article 191 and Article 114 TFEU in the context of EU environmental policy?
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Why is it necessary to refer to an article of the TFEU when adopting a legal act in EU environmental law?
Why is it necessary to refer to an article of the TFEU when adopting a legal act in EU environmental law?
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What is the significance of the Treaty on the Functioning of the European Union (TFEU) in the context of EU environmental law?
What is the significance of the Treaty on the Functioning of the European Union (TFEU) in the context of EU environmental law?
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What is the primary objective of the Commission when proposing health, safety, environmental protection, and consumer protection measures?
What is the primary objective of the Commission when proposing health, safety, environmental protection, and consumer protection measures?
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What is the key difference between the objectives of Article 114 and Article 191?
What is the key difference between the objectives of Article 114 and Article 191?
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What is the significance of the consultation of the Committee of the Regions in the adoption of a legal act under Article 191-192?
What is the significance of the consultation of the Committee of the Regions in the adoption of a legal act under Article 191-192?
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Under which article can Member States maintain or introduce more stringent protective measures, and what is the requirement for doing so?
Under which article can Member States maintain or introduce more stringent protective measures, and what is the requirement for doing so?
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What is the main difference between the procedures outlined in Article 114 and Article 191-192 in terms of adopting a legal act?
What is the main difference between the procedures outlined in Article 114 and Article 191-192 in terms of adopting a legal act?
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What is the significance of the ordinary legislative procedure in the EU legislative process?
What is the significance of the ordinary legislative procedure in the EU legislative process?
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What is the role of the Commission in relation to national provisions introduced by Member States under Article 114 (5) and (6) TFEU?
What is the role of the Commission in relation to national provisions introduced by Member States under Article 114 (5) and (6) TFEU?
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What is the main difference between the level of manoeuvre of Member States under Article 114 and Article 191?
What is the main difference between the level of manoeuvre of Member States under Article 114 and Article 191?
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What is the significance of the Treaty of Lisbon in the context of legislative procedures?
What is the significance of the Treaty of Lisbon in the context of legislative procedures?
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What is the primary objective of the European Parliament and the Council in relation to health, safety, environmental protection, and consumer protection?
What is the primary objective of the European Parliament and the Council in relation to health, safety, environmental protection, and consumer protection?
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What is the purpose of Article 114 TFEU in relation to EU environmental policy?
What is the purpose of Article 114 TFEU in relation to EU environmental policy?
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Why may some Member States wish to adopt more stringent measures on their territory?
Why may some Member States wish to adopt more stringent measures on their territory?
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What is the consequence of adopting more stringent measures on waste oils without Commission approval?
What is the consequence of adopting more stringent measures on waste oils without Commission approval?
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What is the significance of the Waste Oils case (Case 240/83) in the EU Court judgement?
What is the significance of the Waste Oils case (Case 240/83) in the EU Court judgement?
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What is the primary concern of the EU internal market?
What is the primary concern of the EU internal market?
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What is the role of the European Commission in approving more stringent measures?
What is the role of the European Commission in approving more stringent measures?
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What is the difference in the margin of manoeuvre of Member States between Article 114 and Article 191?
What is the difference in the margin of manoeuvre of Member States between Article 114 and Article 191?
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Why is the concept of internal market important in the EU?
Why is the concept of internal market important in the EU?
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What is the prerequisite for Member States to introduce more stringent measures on their territory?
What is the prerequisite for Member States to introduce more stringent measures on their territory?
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What is the significance of harmonization in the EU?
What is the significance of harmonization in the EU?
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Study Notes
The Legal Basis of EU Environmental Law
- European institutions must justify the subject of a legal act by referring to an article of the Treaty on the Functioning of the European Union (TFEU).
- European environmental policy can be based on Articles 191-193 of the TFEU, which promote sustainable development and environmental protection.
- Article 191 TFEU states that EU policy on the environment shall contribute to various objectives, including preserving the quality of the environment, protecting human health, and promoting sustainable development.
- European environmental policy can also be based on Article 114 of the TFEU, which promotes the harmonization of national laws to ensure the functioning of the internal market.
Comparing Articles 191 and 114 TFEU
- Article 114 TFEU aims to ensure the proper functioning of the market, with an economic objective.
- Article 191 TFEU aims to ensure the protection of the environment, with a focus on environmental issues.
- The two articles set up different procedures for adopting a legal act:
- Article 114: ordinary legislative procedure after consultation of the Economic and Social Committee.
- Article 191-192: ordinary legislative procedure after consultation of the Economic and Social Committee and the Committee of the Regions.
- Under Article 191, Member States keep some margin of maneuver to adopt more stringent measures, notifying the Commission of the measures they envisage to adopt on their territory.
- Under Article 114, the margin of maneuver of Member States is more limited, requiring assessment studies and reliance on new scientific evidence to introduce more stringent measures.
Implications of Choosing a Legal Basis
- The choice of legal basis impacts the margin of maneuver of Member States in adopting environmental measures.
- Example: the EU Court judgement in the Waste Oils case (1985) highlights the importance of choosing the correct legal basis for environmental legislation.
- When proposing an EU legal act, the European Commission must consider the economic and environmental implications of the chosen legal basis.
The Legal Basis of EU Environmental Law
- European institutions must justify the subject of a legal act by referring to an article of the Treaty on the Functioning of the European Union (TFEU).
- European environmental policy can be based on Articles 191-193 of the TFEU, which promote sustainable development and environmental protection.
- Article 191 TFEU states that EU policy on the environment shall contribute to various objectives, including preserving the quality of the environment, protecting human health, and promoting sustainable development.
- European environmental policy can also be based on Article 114 of the TFEU, which promotes the harmonization of national laws to ensure the functioning of the internal market.
Comparing Articles 191 and 114 TFEU
- Article 114 TFEU aims to ensure the proper functioning of the market, with an economic objective.
- Article 191 TFEU aims to ensure the protection of the environment, with a focus on environmental issues.
- The two articles set up different procedures for adopting a legal act:
- Article 114: ordinary legislative procedure after consultation of the Economic and Social Committee.
- Article 191-192: ordinary legislative procedure after consultation of the Economic and Social Committee and the Committee of the Regions.
- Under Article 191, Member States keep some margin of maneuver to adopt more stringent measures, notifying the Commission of the measures they envisage to adopt on their territory.
- Under Article 114, the margin of maneuver of Member States is more limited, requiring assessment studies and reliance on new scientific evidence to introduce more stringent measures.
Implications of Choosing a Legal Basis
- The choice of legal basis impacts the margin of maneuver of Member States in adopting environmental measures.
- Example: the EU Court judgement in the Waste Oils case (1985) highlights the importance of choosing the correct legal basis for environmental legislation.
- When proposing an EU legal act, the European Commission must consider the economic and environmental implications of the chosen legal basis.
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Description
This quiz covers the legal basis of EU environmental law, including the necessary justification of European competence and the role of the Treaty on the Functioning of the European Union (TFEU).