Article 116 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Internal Market ◽  
Member States ◽  
Administrative Action ◽  
Law Regulation

Article 96 EC Where the Commission finds that a difference between the provisions laid down by law, regulation or administrative action in Member States is distorting the conditions of competition in the internal market and that the resultant distortion needs to be eliminated, it shall consult the Member States concerned.

Article 114 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
European Parliament ◽  
Internal Market ◽  
Member States ◽  
Administrative Action ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Committee Adopt ◽  
Law Regulation

Article 95 EC Save where otherwise provided in the Treaties, the following provisions shall apply for the achievement of the objectives set out in Article 26. The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.

Article 53 TFEU

2019 ◽  
Author(s):  
Jonathan Tomkin
Keyword(s):  
Mutual Recognition ◽  
European Parliament ◽  
Member States ◽  
Administrative Action ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Law Regulation

Article 47 EC In order to make it easier for persons to take up and pursue activities as self-employed persons, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons.

Article 117 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Member State ◽  
Member States ◽  
Administrative Action ◽  
Law Regulation

Article 97 EC Where there is a reason to fear that the adoption or amendment of a provision laid down by law, regulation or administrative action may cause distortion within the meaning of Article 116, a Member State desiring to proceed therewith shall consult the Commission. After consulting the Member States, the Commission shall recommend to the States concerned such measures as may be appropriate to avoid the distortion in question.

Enhanced Cooperation and European Tax Law

2021 ◽  
Author(s):  
Caroline Heber
Keyword(s):  
Member State ◽  
Internal Market ◽  
State Aid ◽  
Entire Group ◽  
Eu Law ◽  
Negative Effects ◽  
Member States ◽  
State Laws ◽  
Cooperation Mechanism ◽  
The Law

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform EU law. The law creates harmonisation and coordination between the participating Member States, but it may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State’s trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws—their nexus between the law of a single Member State and secondary EU law—also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

Article 104 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Internal Market ◽  
Member States ◽  
Dominant Position ◽  
The Law

Article 84 EC Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102.

Article 108 TFEU

2019 ◽  
Author(s):  
Tim Maxian Rusche
Keyword(s):  
Internal Market ◽  
Member States ◽  
Progressive Development

Article 88 EC The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the internal market.

5. Article 102

2021 ◽  
pp. 180-223
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Internal Market ◽  
Single Market ◽  
Substantial Part ◽  
The European Union ◽  
Member States ◽  
Dominant Position ◽  
Dominant Firms ◽  
Abuse Of Dominance

This chapter discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.

Differentiation through Derogations—Contesting Internal Market Discipline

2019 ◽  
pp. 143-179
Author(s):  
Maria Weimer
Keyword(s):  
European Union ◽  
Market Discipline ◽  
Internal Market ◽  
The European Union ◽  
Practical Application ◽  
Member States ◽  
Strict Interpretation ◽  
Opt Out ◽  
Decentralized Governance ◽  
Legal Frameworks

This chapter examines attempts to accommodate diversity and disagreement on issues of agricultural biotechnology in the European Union through derogation mechanisms, such as those contained in Article 114 TFEU. More specifically, it considers whether derogations can lead to differentiation in EU harmonization to regulate risk in the internal market. The chapter begins with a discussion of pathways of differentiation available under EU harmonized legal frameworks, with particular emphasis on opt-out clauses under Article 114(4) and (5) TFEU and safeguard clauses in EU secondary legislation. It then explores the practical application of these clauses in the field of GMOs, showing that their strict interpretation by both the Commission and the CJEU leaves little room for differentiation and decentralized governance after GMO authorization. Finally, the chapter analyses the contestation by Member States of such strict interpretation. By continuously invoking opt-outs and safeguards, Member States have achieved de facto differentiation through disobedience.

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