Economics 3366A/B Study Guide - Quiz Guide: Legal Certainty, Consumer Protection, Enel
22 Sep 2020
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3-6 tfeu) indicates generally the policies which include legal bases. Legal bases lead to legally binding measures: regulation, directive or decision (legislative acts, art. Other legally binding measures = international agreements. Non-legislative acts (delegated and implementing act by commission) Gives indications which law-making institutions are involved and which legislation- making procedure is applied (ordinary legislative procedure, olp or special legislative procedure; consultation procedure, assent/consent procedure) Choice of legal basis = center of gravity test what is the predominant aim of the measure? (case c-42/97 parliament v council) Exceptionally, if two different aims are inseparably linked without one being secondary (c-338/01 recovery of indirect taxes) No hierarchy between norms = special provisions prevail over more general ones ( without prejudice to art. No incompatible procedures = legislation-making procedures are not incompatible with each other (ordinary vs. special legislative procedure), decision-making procedures are not incompatible with each other (unanimity vs. qmv)
