Introduction to European Union law
Introduction to European Union law

Start this free course now. Just create an account and sign in. Enrol and complete the course for a free statement of participation or digital badge if available.

Free course

Introduction to European Union law

5 Transfer of powers and competences

Competence, that is the legal scope of power, originates solely from the Treaties. The EU has no inherent powers. This is the key point for you to take away from this course.

In Germany v European Parliament and Council (Tobacco Advertising Directive) (Case C-376/98) [2000] ECR I-08419 the CJEU acknowledged the boundaries of EU competence and rejected arguments based on the general principle that economic integration itself was sufficient justification for a Directive seeking to extend competence. In this case, it was a Directive banning all forms of tobacco advertising. The Commission argued that the legal base for the Directive was that it was an internal market measure creating a uniform market. The CJEU agreed with Germany that the measure went beyond the scope of the Treaty base.


Take your learning further

Making the decision to study can be a big step, which is why you'll want a trusted University. The Open University has 50 years’ experience delivering flexible learning and 170,000 students are studying with us right now. Take a look at all Open University courses.

If you are new to University-level study, we offer two introductory routes to our qualifications. You could either choose to start with an Access module, or a module which allows you to count your previous learning towards an Open University qualification. Read our guide on Where to take your learning next for more information.

Not ready for formal University study? Then browse over 1000 free courses on OpenLearn and sign up to our newsletter to hear about new free courses as they are released.

Every year, thousands of students decide to study with The Open University. With over 120 qualifications, we’ve got the right course for you.

Request an Open University prospectus371