Introduction to European Union law
Introduction to European Union law

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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.

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