Economics 3364A/B Study Guide - Quiz Guide: Nondelegation Doctrine, European Union Agency For Network And Information Security, Tobacco Advertising
24 Oct 2020
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Traditionally, eu institutions use the flexibility clause (article 352 tfeu). Thus, very difficult to achieve & create new agency. Because of that, since the 2000s, eu institutions started to use article 114 tfeu (the legal basis for the internal market). This legal basis was more practical because it only required a qmv in the council. Article 114 tfeu can only be used for the harmonization of national measures. (example: tobacco advertising, case c-217/04 enisa , case c-270/12 uk v council and ep (short selling) In the original treaties there was no mention of eu agencies. Mentions agencies in articles related to transparency, administrative and financial control. Mentions agencies in articles related to judicial protection (ex. Does not mention agencies in the articles related to delegation of powers (art 290 & The possibility to give powers to new agency was actually sanctioned in case law.
