This treaty was originally signed in maastricht in 1992 the maastricht treaty. The maastricht treaty of 1992 removed the word economic from the treaty of romes official title and, in 2009, the treaty of lisbon renamed it the treaty on the functioning of the european union. Those two treaties shall have the same legal value. Uefas position on arti cle 165 of the lisbon treaty this document outlines uefas interpretation of article 165 of the treaty on the functioning of the european union tfeu, which entered into. Treaty establishing the european community ec treaty. For the first time in eu primary law, the treaty of lisbon under article 17 tfeu explicitly introduces a. Eu competition law eu competition law merger legislation. Treaty establishing the european community nice consolidated version. Article 101 of the treaty on the functioning of the. The treaty has been amended on several occasions since 1957. Ii as the eu audit institution, our audits check whether member states comply with eu law for the most part only where compliance with eu law is a condition for member states receiving payments from the eu budget. University of hong kong faculty of law research paper no.
The preliminary ruling procedure pursuant to article 267 tfeu 1 the preliminary ruling procedure pursuant to article 267 of the treaty on the functioning of the european union tfeu plays an important role among the cases for which the court of justice. Article 346 and the qualified application of eu law to defence. A high level of human health protection shall be ensured in the definition and implementation of all union policies and activities. On the basis of established case law of the court of justice, however, it is now clear that this is instead a casebycase derogation that is to be applied strictly in excep. Title vii common rules on competition, taxation and approximation of laws. In addition, the eu can be required to act if its omission violates a duty to act under article 2081. Policy coherence for development under article 208 of the. Article 80 of the treaty on the functioning of the european union tfeu, states that.
The union shall replace and succeed the european community. Protocols annexed to the treaty on european union and to the treaty establishing the european community protocol 2 integrating the schengen acquis into the framework of the european union 1997 protocol 3 on the application of certain aspects of article 14 of the treaty establishing the european community to the united kingdom and. Protocols annexed to the treaty on european union and to the treaty establishing the european community. On the other hand, article 2081 tfeu does not contain an obligation of result. Eu competition law update guidance on the commissions enforcement priorities in applying article 82 ec treaty to abusive exclusionary conduct by dominant undertakings brussels december 10, 2008 on december 3, 2008, the eu commissions directorate general for competition dg competition published its guidance on the commissions. Free movement of goods articles 28 30 ec and mutual. Ratifications of the article 6 tfeu, esm, fiscal stability treaty in the eu member states 6 the esm held its inaugural meeting 8th october 2012, at the occasion ofa the eurogroup meeting in luxembourg. Voting in the council of the european union wikipedia. There are no timeline of changes available for treaties, instead, previous dated versions from eurlex as pdf can be accessed via the more resources menu. The preliminary ruling procedure pursuant to article 267.
European union hereinafter the panel was established by the treaty signed in lisbon on december 2007, which entered into force on 1 december 2009. Treaty on the functioning of the european union eurlex. Any member state may decide to withdraw from the union in accordance with its own. Description of the exceptional occurrence and the official reaction of your authorities. Information legislation treaty provisions changes after the entry into force of the treaty of lisbon 1 december 2009 the information below is based on the tables of equivalences annexed to the treaty of lisbon articles of the chapter on competition. Consolidated version of the treaty on european union. On the basis of article 17 of the treaty on the functioning of the european union tfeu, the european institutions hold highlevel meetings, or working dialogue seminars, on an annual. This mandate is provided through article 168 of the treaty on the functioning of the european union tfeu. This treaty organises the functioning of the union and determines the areas of, delimitation of, and arrangements for exercising its competences. The union shall be founded on the present treaty and on the treaty on the functioning of the european union hereinafter referred to as the treaties. The following shall be seen as incompatible with the internal market. Glossarytreaty on the functioning of the european union tfeu related contentone of the two main treaties that form the basis of eu law.
Protocol 11 on the statute of the european investment bank 1957 protocol 12 on italy 1957. Article 100a ec treaty maastricht consolidated version. Treaty on the functioning of the european union tfeu a commentary forthcoming with springer. European level referred to in article 104 of the treaty on european. The treaty of maastricht established the european community treaty ec treaty where the qualified majority voting system was detailed in article 148. The tfeu is an amended and renamed version of the tec. This table compares each article of the treaty on european union teu and of the treaty establishing the european community tec, renamed the treaty on the functioning of the european union tfeu, as those treaties are amended by the treaty of lisbon, with the articles of the existing teu and tec. Guidance on the commissions enforcement priorities in. This treaty and the treaty on european union constitute the treaties on which the union is founded. Agreement, article 101 tfeu, treaty interpretation, competition law, contract law. Agreement on the participation of croatia in the european economic area of 11 april 2014 oj no l 170, 11.
A question of eu treaty interpretation december 20, 2018. Article 4 3a draws on articles 63, 112 and 33 teu and article10 tec. The tfeu includes enhancements to the social dimension of the european union. Article 2 it shall be the aim of the community, by establishing a common market and progressively approximating the economic policies of member states, to promote throughout the community a harmonious development of economic activities, a. While rights can be suspended, there is no mechanism to expel a member. Article 7 of the treaty on european union is a procedure in the treaties of the european union eu to suspend certain rights from a member state. Without prejudice to article 4 of the treaty on european union or to articles 93, 106 and 107 of. Under article 32, the community should aim to eliminate inequalities and promote equality between men and women. Article 102 of the treaty on the functioning of the european union formerly article 82 of the treaty establishing the european community is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. The principle of equal pay for equal work and work of equal value in article 141 ec treaty under article 1411 ec treaty, member states are obliged to ensure that the principle of equal pay for men and women for equal work or work of equal value is applied. Consolidated version of the treaty on the functioning of. Treaty establishing the european economic community. Article 7 of the treaty on european union wikipedia.
This treaty has changed its name over time, originally signed in rome in 1957 as. Tec, renamed the treaty on the functioning of the european union tfeu, as those treaties are amended by the treaty of lisbon, with the articles of the existing teu. Article 101 of the treaty on the functioning of the european union tfeu prohibits any agreements or cartels between member states that could disrupt free competition within the internal market. Article 101 tfeu is one of the most prominent treaty provisions on competition. Protocol 2 integrating the schengen acquis into the framework of the european union 1997 protocol 3 on the application of certain aspects of article 14 of the treaty establishing the european community to the united kingdom and to. Protocol no 1 on article 17 of the treaty on european union 1997.
The irish high court, following a complaint by thomas pringle, td, referred for a. The panels mission, pursuant to the provisions of article 255 of the treaty on the functioning of the european union tfeu, is to give an opinion on candidates suitability to perform. Protocol 9 on the role of national parliaments in the european union 1997 protocol 10 on the enlargement of the european union 2001 text reproduced hereafter protocols annexed to the treaty establishing the european community. Title vi common rules on competition, taxation and approximation of laws. Article a by this treaty, the high contracting parties establish among themselves a european union, hereinafter calledthe union. This table compares each article of the treaty on european union teu and of the treaty. Agreement between the european union, iceland, liechtenstein and norway on an eea financial mechanism for the period 20092014 oj no l 291, 9. New numbering of the treaty on the functioning of the european union.
Article 102 of the treaty on the functioning of the european union tfeu formerly under article 82 of the european community treaty ec prohibits dominant undertakings from abusing their position within an internal market or in a substantial part of it, as incompatible with the internal market in so far as it affects trade between member states. The treaty on the functioning of the european union tfeu is one of two treaties forming the constitutional basis of the european union eu, the other being the treaty on european union teu. Treaty on the functioning of the european union tfeu. Formerly known as the ec treaty, the treaty of rome or the treaty establishing the european community. Withdrawal of a member state from the eu members research service page 2 of 8 article 50 treaty on european union teu 1. Guidelines on the implementation of article 17 tfeu by the european commission article 17 tfeu 1. The rights to bring actions provided for in articles 258 and 259 may. Notification under article 1072b tfeu description of. A case commentary explains eu competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. Guidelines on the implementation of article 17 tfeu by the. Treaty on the functioning of the european union wikipedia.
The treaty on the functioning of the european union tfeu came into force on 1 december 2009 following the ratification of the treaty of lisbon, which made amendments to the treaty on european union and the treaty establishing the european community tec. By the present treaty, the high contracting parties establish among themselves a european economic community. Treaty on the functioning of the european union old numbering of the treaty. The commission shall, before the end of the first year after the date of the entry into force of this treaty, lay down the methods of administrative cooperation to be adopted for the application of article 9, paragraph 2, taking due account of the need for reducing as far as possible the formalities imposed on trade. Abstract article 101 tfeu is one of the most prominent treaty provisions on competition. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. Kwok, kelvin hiu fai, the concept of agreement under article 101 tfeu. Article 3 for the purposes set out in article 2, the activities of the community shall include, as provided in this treaty and in accordance with the timetable set out therein a the elimination, as between member states, of customs duties and of quantitative restrictions on the import and export of goods, and of all other measures having. Article 101 of the treaty on the functioning of the european union prohibits cartels and other agreements that could disrupt free competition in the european economic areas internal market. So long as the relevant eu institution has duly considered development objectives, it will have discharged its duty. Consolidated version of the treaty on the functioning of the. This is the revised version from eurlex dated 01052019. Expands on existing obligation to respect national identities by requiring the eu to.
It concerns hard core restrictions of competition like cartels as much as efficiency enhancing agreements. Effects of article 1011 on the member states trade and market liberalization european union eu competition policies are always based in the written legislation and especially in the article 101 of the treaty on the functioning of the european union tfeu ex article 811 of the treaty establishing the european community tec. Treaty on the functioning of the european union eurofound. Functioning of the european union article 5b article 10 article 6 article 6 article 11 article 153, paragraph 2. Treaty on the functioning of the european union, a single and stable. Article 102 of the treaty on the functioning of the. The eu institutions dialogue with churches, religious and philosophical organisations. Articles 26 to 197 concern the substantive policies and actions of the eu. This treaty marks a new stage in the process of creating an ever closer union among the peoples of europe, in which decisions are taken as closely as possible to the citizen. The union respects and does not prejudice the status. The harmonisation measures referred to above shall. Treaty european union website, the official eu website. Indeed, it is worth reiterating that the ecjs treatment of article 165 tfeu in the bernard case supports the view that.
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