Economics 3366A/B Study Guide - Quiz Guide: Juncker Commission, Price Fixing, European Public Prosecutor
22 Sep 2020
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Article 114 tfeu (= ex article 95 tec) internal market competence (functional competence) The internal market competence eu can take action to harmonize national law to make the smooth working internal market through co-decision (qmv) (not as art 352). It is a shared competence, but the member states cannot harmonize national laws but only the eu can do that so in this sense the eu has exclusive competence. The example of public health which is a competence of the ms - in tutorial week. National laws that hinder the operation of the internal market also protect public policy values at the national level; if the eu does harmonisation measure that replaces them also addresses those values. Examples: directive prohibiting advertising for tobacco products (tut. 2) (an earlier directive): double objective: protection of internal market but also the public health: directive on data protection the gdpr (and directive on data retention, tut.
