PART 2 : chap 3: Legal Basis

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Questions and Answers

What is the main purpose of giving a legal act a legal basis in EU environmental law?

  • To ensure the implementation of environmental policies
  • To adopt measures for the approximation of national laws
  • To justify the subject of the act falls within the scope of European competence (correct)
  • To promote sustainable development across the board

Which article of the TFEU promotes sustainable development across the board?

  • Article 191 TFEU
  • Article 26 of the TFEU
  • Article 114 TFEU
  • Article 11 of the TFEU (correct)

What is the main objective of Article 114 TFEU in relation to EU environmental policy?

  • To preserve, protect and improve the quality of the environment
  • To promote the protection of human health
  • To promote measures at international level to deal with regional or global environmental problems
  • To ensure the functioning of the internal market through the free movement of goods (correct)

What is the prerequisite for European institutions to adopt a legal act in EU environmental law?

<p>To give any act a legal basis (D)</p>
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Which article of the TFEU states the objectives of Union policy on the environment?

<p>Article 191 TFEU (C)</p>
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What is one of the objectives of Union policy on the environment according to Article 191 TFEU?

<p>To promote measures at international level to deal with regional or global environmental problems (A)</p>
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What is the ordinary legislative procedure used for in EU environmental law?

<p>To achieve the objectives set out in Article 26 (B)</p>
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What is the purpose of Article 191 TFEU in relation to EU environmental policy?

<p>To contribute to the pursuit of the objectives of Union policy on the environment (B)</p>
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What is the Commission required to take into account when proposing health, safety, environmental protection, and consumer protection measures?

<p>Scientific facts (D)</p>
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What is the primary objective of Article 114?

<p>Ensuring the proper functioning of the market (C)</p>
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What is the key difference between the procedures outlined in Article 114 and Article 191-192?

<p>The bodies consulted before adopting a legal act (C)</p>
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What is the Ordinary Legislative Procedure?

<p>The general rule for passing legislation at EU level (A)</p>
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What is the significance of Article 193 TFEU?

<p>It allows Member States to notify the Commission of more stringent measures (C)</p>
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How do Article 114 and Article 191-192 differ in terms of Member States' margin of manoeuvre?

<p>Article 191-192 provides more flexibility, while Article 114 is more restrictive (C)</p>
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What is the role of the Committee of the Regions under Article 191-192?

<p>To consult on legal acts before their adoption (A)</p>
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What is the purpose of Article 114(5) and (6) TFEU?

<p>To restrict Member States' ability to adopt national provisions (C)</p>
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What is the significance of the Treaty of Lisbon in the context of legislative procedures?

<p>It made codecision the Ordinary Legislative Procedure (D)</p>
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What is the main difference between the objectives of Article 114 and Article 191?

<p>Article 114 aims to ensure the proper functioning of the market, while Article 191 aims to ensure environmental protection (A)</p>
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What is a prerequisite for Member States to introduce more stringent measures on their territory?

<p>Conduct assessment studies and rely on new scientific evidence (D)</p>
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What is the primary goal of Article 114?

<p>To harmonize legislation across the EU territory (C)</p>
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What was the main concern regarding the use of waste oils in the EU?

<p>Their potential to cause environmental catastrophes (D)</p>
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Why is the concept of 'internal market' important in the EU?

<p>To regulate economic trade between Member States (B)</p>
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What is the consequence of adopting more stringent measures on waste oils without Commission approval?

<p>Raising national barriers at the border (C)</p>
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What is the significance of Article 191 TFEU in relation to environmental protection?

<p>It allows Member States to adopt more stringent measures without Commission approval (C)</p>
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What is the role of the European Commission in approving more stringent measures?

<p>To allow or reject the implementation of such measures (B)</p>
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What is the purpose of harmonization in the EU?

<p>To make legislation consistent across the EU territory (A)</p>
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What is the significance of the Waste Oils case (Case 240/83) in the EU Court judgement?

<p>It demonstrated the conflict between environmental and economic concerns (B)</p>
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What is the primary concern of the EU internal market?

<p>Free trade between Member States (D)</p>
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What is the primary objective of EU environmental policy based on Article 191 of the TFEU?

<p>To contribute to the pursuit of preserving, protecting and improving the quality of the environment, promoting human health, and prudent use of natural resources.</p>
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What is the significance of Article 11 of the TFEU in the context of EU environmental law?

<p>It promotes sustainable development across the board.</p>
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How does Article 114 TFEU contribute to the functioning of the internal market?

<p>By promoting the harmonization of national laws, ensuring the free movement of goods.</p>
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What are the objectives of Union policy on the environment, according to Article 191 TFEU?

<p>Preserving, protecting and improving the quality of the environment, human health, prudent use of natural resources, and fighting against climate change.</p>
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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?

<p>They act together, following the ordinary legislative procedure, and consult the Economic and Social Committee.</p>
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What is the relationship between Article 191 and Article 114 TFEU in the context of EU environmental policy?

<p>Both articles provide a legal basis for EU environmental policy, with Article 191 focusing on environmental protection and Article 114 on internal market harmonization.</p>
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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?

<p>To justify that the subject of the act falls within the scope of European competence.</p>
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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?

<p>It provides the legal basis for EU environmental policy, outlining the objectives and principles guiding EU environmental law.</p>
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What is the primary objective of the Commission when proposing health, safety, environmental protection, and consumer protection measures?

<p>to take as a base a high level of protection, taking account in particular of any new development based on scientific facts</p>
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What is the key difference between the objectives of Article 114 and Article 191?

<p>Article 114 aims to ensure the proper functioning of the market, while Article 191 aims to ensure the protection of the environment</p>
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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?

<p>it allows for more consultation of EU bodies before adopting a legal act</p>
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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?

<p>Article 191; they must notify the Commission and ensure the measures are compatible with the Treaties</p>
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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?

<p>Article 114 involves an ordinary legislative procedure after consultation of the Economic and Social Committee, while Article 191-192 involves an ordinary legislative procedure after consultation of the Economic and Social Committee and the Committee of the Regions</p>
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What is the significance of the ordinary legislative procedure in the EU legislative process?

<p>it allows for the adoption of legislation jointly and on an equal footing by the Parliament and the Council</p>
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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?

<p>it verifies whether the national provisions are a means of arbitrary discrimination or a disguised restriction to trade, and approves or rejects them within six months</p>
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What is the main difference between the level of manoeuvre of Member States under Article 114 and Article 191?

<p>Member States have a greater margin of manoeuvre under Article 191, allowing them to introduce more stringent measures</p>
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What is the significance of the Treaty of Lisbon in the context of legislative procedures?

<p>it officially made codecision the 'Ordinary Legislative Procedure', covering the vast majority of areas of Union action</p>
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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?

<p>to achieve a high level of protection, taking account in particular of any new development based on scientific facts</p>
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What is the purpose of Article 114 TFEU in relation to EU environmental policy?

<p>To harmonize legislation across the EU territory, making it more difficult for a Member State to derogate from it.</p>
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Why may some Member States wish to adopt more stringent measures on their territory?

<p>To ensure more severe and in-depth controls, for instance, to protect the environment.</p>
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What is the consequence of adopting more stringent measures on waste oils without Commission approval?

<p>This may result in raising national barriers at their border, incompatible with the concept of free internal market.</p>
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What is the significance of the Waste Oils case (Case 240/83) in the EU Court judgement?

<p>It raised an environmental issue and economic issues, affecting the internal market.</p>
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What is the primary concern of the EU internal market?

<p>To trade products as freely as possible between Member States.</p>
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What is the role of the European Commission in approving more stringent measures?

<p>The Commission may approve or reject the request, ensuring justification and scientific evidence.</p>
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What is the difference in the margin of manoeuvre of Member States between Article 114 and Article 191?

<p>Under Article 191, Member States can adopt more stringent measures without Commission approval, whereas under Article 114, they need Commission approval.</p>
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Why is the concept of internal market important in the EU?

<p>To rebuild Europe and facilitate economic trade as freely as possible between Member States.</p>
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What is the prerequisite for Member States to introduce more stringent measures on their territory?

<p>They must make assessment studies and rely on new scientific evidence relating to the protection of the environment.</p>
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What is the significance of harmonization in the EU?

<p>To have similar rules and harmonized controls across the EU territory.</p>
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Study Notes

  • 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.
  • 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.
  • 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.
  • 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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