EU Law > Topic 9 – Trade harmonisation > Flashcards

Topic 9 – Trade harmonisation Flashcards

By the end of this topic and the relevant readings, you should be able to: understand the various forms of harmonisation of national legislation for the purpose of internal market integration identify the scope of Article 114 understand the ways in which derogations from EU harmonisation rules can be justified. (63 cards)

Study These Flashcards
1
Q

What is harmonisation in the context of the EU internal market?

A

The legislative process by which the EU enacts common rules and standards to align the divergent laws of its Member States

Also referred to as ‘positive integration’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the primary legal basis for internal market harmonisation?

A

Article 114 of the Treaty on the Functioning of the European Union (TFEU)

This article empowers the EU legislature to adopt measures for the approximation of national laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is total (or maximum) harmonisation?

A

The most intensive form of legislative intervention where the EU enacts a comprehensive set of rules for a specific field

Member States cannot set lower standards or introduce stricter rules.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is an example of case law related to total harmonisation?

A

Case 60/86 Commission v United Kingdom (Dim-Dip Lights)

The UK was prohibited from adding its own requirements for vehicle lighting as it conflicted with the total harmonisation directive.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is minimum harmonisation?

A

A legislative technique where the EU sets a ‘floor’ standard that all Member States must meet, allowing for stricter national rules

Common in areas like environmental protection and consumer protection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is optional harmonisation?

A

Allows producers to choose whether to comply with the EU’s harmonised standard or the national standard

Compliance with EU standards guarantees access to all other Member States’ markets.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is partial harmonisation?

A

Requires producers to adopt the EU standard only if they wish to engage in cross-border trade

National standards can apply for products sold exclusively in the domestic market.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the ‘New Approach’ to technical harmonisation?

A

A method where the EU Directive lays down broad, mandatory ‘essential requirements’ and detailed technical specifications are developed by private standardisation bodies

Compliance is voluntary, but products that conform benefit from a presumption of conformity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the ‘country of origin’ principle?

A

A service provider or product is subject only to the rules of its home Member State, allowing cross-border operation without additional national rules

Established in Case 120/78 Cassis de Dijon.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a justification for derogations from EU harmonisation rules?

A

Derogations can arise from the nature of the harmonising measure itself or through a specific, formal procedure laid down in the Treaty

Derogation is exceptional and strictly controlled.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the procedure for maintaining existing national provisions under Article 114 TFEU?

A

A Member State must notify the Commission of its national provisions and the grounds for maintaining them, such as public health or environmental protection

This is under Article 114(4) TFEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the grounds for introducing new national provisions after harmonisation under Article 114 TFEU?

A

Must be based on new scientific evidence, relate to environmental protection, and address a specific problem in that Member State

This is under Article 114(5) TFEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the role of the Commission in the derogation procedure?

A

The Commission has six months to approve or reject notified national provisions, ensuring they do not discriminate or restrict trade

This is outlined in Article 114(6) TFEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

True or False: A Member State can freely deviate from a total harmonisation measure without justification.

A

False

Deviations require rigorous justification and adherence to the procedures established in Article 114 TFEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the CJEU case C-512/99 Germany v Commission illustrate?

A

The cumulative conditions for derogation under Article 114(5) must all be satisfied for approval

This case emphasized the strict nature of the derogation process.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the term ‘positive integration’ refer to?

A

The process of harmonisation where the EU enacts common rules to create a level playing field

It contrasts with ‘negative integration’, which prohibits national restrictions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Fill in the blank: The principle of _______ allows a service provider or product to operate across the EU under the rules of its home Member State.

A

mutual recognition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the principle of conferral in the EU?

A

The EU may only act within the limits of the competences conferred upon it by the Member States in the Treaties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the two most significant categories of EU competences?

A

Exclusive competence and shared competence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is exclusive EU competence?

A

Only the Union may legislate and adopt legally binding acts in specific areas.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

List the areas of exclusive competence as defined in Article 3 TFEU.

A
  • Customs union
  • Competition rules necessary for the internal market
  • Monetary policy for euro Member States
  • Conservation of marine biological resources under the common fisheries policy
  • Common commercial policy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the rationale for granting the EU exclusive competence?

A

Uniformity is essential for the Union to operate effectively.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is shared EU competence?

A

The Union and the Member States may legislate and adopt legally binding acts in a specific area.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What does the principle of pre-emption entail in shared competence?

A

Member States shall exercise their competence to the extent that the Union has not exercised its competence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
List some principal areas of shared competence as per Article 4 TFEU.
* Internal market * Social policy * Environment * Consumer protection * Transport * Freedom, security and justice
26
What is the significance of the Lisbon Treaty in relation to EU competences?
It categorised the Union's competences, providing constitutional clarity.
27
True or False: Exclusive competence allows Member States to legislate independently.
False.
28
What is a supporting, coordinating, or supplementing competence in the EU?
It allows the EU to support, coordinate, or supplement actions of Member States without leading to harmonisation of laws.
29
What areas are covered by supporting competence as per Article 6 TFEU?
* Human health * Industry * Culture * Tourism * Education, vocational training, youth and sport * Civil protection * Administrative cooperation
30
What is the prohibition on harmonisation in supporting competence?
EU action cannot lead to the harmonisation of Member States’ laws or regulations.
31
What is the role of the CJEU in relation to supporting competence?
The CJEU polices the boundaries of competence to ensure the EU does not exceed its powers.
32
What is the scope of Article 114 TFEU?
It allows the EU to adopt measures for the approximation of provisions in Member States to establish and function the internal market.
33
List the two main scenarios in which Article 114 can be used.
* To eliminate existing obstacles * To pre-empt future obstacles
34
What is the primary purpose of Article 114?
To remove barriers to trade and distortions of competition arising from divergent national laws.
35
What is the primary legal basis for harmonisation measures in the EU?
Article 114 TFEU ## Footnote Article 114 TFEU is used to create common rules that facilitate the internal market.
36
What is harmonisation in the context of EU law?
The process by which the EU adopts common laws, regulations, and standards that Member States must follow to ensure the establishment and functioning of the internal market.
37
What does Positive Integration refer to?
The creation of common EU rules and standards to harmonise Member State laws.
38
What does Negative Integration involve?
The imposition of prohibitions on Member States to remove discriminatory or restrictive practices that hinder free movement.
39
Define Exclusive Competence.
Areas where only the EU can legislate and act, such as customs union and monetary policy.
40
What is Shared Competence?
Areas where both the EU and Member States can legislate, but Member States can only act if the EU has not.
41
What is the Principle of Mutual Recognition?
Established in the Cassis de Dijon case, it requires Member States to accept goods lawfully produced in another Member State.
42
List the tests established by the CJEU for valid use of Article 114.
* Genuine Purpose * Appreciable Distortion * Likely Future Obstacles * Contribution to Market Integration
43
What was the ruling in the Tobacco Advertising I case?
The CJEU annulled the directive, stating it did not genuinely aim to improve internal market conditions.
44
What is the 'centre of gravity' test?
A measure can be based on Article 114 if its primary purpose is the improvement of the internal market.
45
What was the outcome of the Tobacco Advertising II case?
The CJEU upheld the directive banning tobacco advertising in cross-border media, as it addressed actual disparities.
46
What is the significance of the CJEU's role in Article 114?
The CJEU acts as a constitutional arbiter, ensuring that measures comply with the principle of conferral.
47
What are the conditions for derogation under Articles 114(4-9)?
Member States can maintain or introduce national rules that deviate from harmonisation measures under specific circumstances.
48
True or False: Article 114 TFEU gives the EU a general power to regulate the internal market.
False ## Footnote The Tobacco Advertising case clarified that Article 114 is not a blank cheque for EU regulation.
49
What must Member States demonstrate to justify derogation from harmonisation measures?
They must meet strict, cumulative conditions based on new scientific evidence or specific problems.
50
What is the impact of the Single European Act (SEA) on harmonisation?
It replaced unanimity with qualified majority voting for most harmonisation measures, making the process more effective.
51
What is the relationship between harmonisation and public health concerns?
Harmonisation measures can be valid even if driven by public health concerns, as long as they aim to improve market functioning.
52
Fill in the blank: The CJEU interprets derogation procedures in Articles 114(4-9) _______.
narrowly
53
What is the significance of the Cassis de Dijon case?
It established the principle of mutual recognition in the absence of harmonised rules.
54
What does the term 'indirect harmonisation' refer to?
Methods like mutual recognition that achieve market integration without formal EU legislation.
55
What does the CJEU require for measures under Article 114?
Evidence of actual or likely and appreciable obstacles to trade or distortions of competition.
56
What is the effect of partial harmonisation on Member States' regulations?
Member States may still regulate non-harmonised aspects.
57
True or False: A product ban cannot facilitate trade and is outside the scope of Article 114.
False ## Footnote The CJEU has found that a product ban can be justified if it harmonises divergent national rules.
58
What is harmonisation in the context of national rules?
It is justified if it harmonises divergent national rules, improving the functioning of the internal market for other goods or services. ## Footnote Harmonisation can involve aligning regulations to facilitate trade and ensure consistency across member states.
59
What is the purpose of the reflective activity analyzing Case C 482/17?
To reflect on the court's approach to legal basis, proportionality, equality, and legal certainty. ## Footnote This case involves the Czech Republic and demonstrates the application of legal principles in EU law.
60
What types of EU competence should you define for self-assessment?
Types of EU competence include: * Exclusive competence * Shared competence * Supporting competence. ## Footnote Understanding these competences is crucial for grasping the EU's legal framework.
61
What is the scope of Article 114?
It addresses the approximation of laws to ensure the functioning of the internal market. ## Footnote Article 114 allows the EU to adopt measures that contribute to the establishment and functioning of the internal market.
62
How can member states derogate from harmonisation rules?
Member states can derogate from harmonisation rules under specific conditions outlined in EU law. ## Footnote Derogation typically involves justifiable reasons such as public health or environmental protection.
63
True or False: Harmonisation can improve the internal market for goods and services.
True ## Footnote Harmonisation aims to reduce barriers to trade and enhance competition within the internal market.
EU Law
flashcards
Decks in class (12)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions