Internal Market as an Excuse: The Case of EU Anti-Tobacco Legislation. Case Notes 02/2017

Delhomme, Vincent (2017) Internal Market as an Excuse: The Case of EU Anti-Tobacco Legislation. Case Notes 02/2017. UNSPECIFIED.

PDF - Published Version Download (597Kb)

Abstract

In spite of its limited competence in the matter2, the EU has engaged in an ambitious struggle against lifestyle risks (tobacco, alcohol, diets, etc.)3 using its harmonisation powers under Article 114 TFEU concerning the internal market. While this objective may be laudable, it is also true that when the internal market objective completely disappears behind the public health objective, the EU faces an eminent constitutional problem. Indeed, the question of when the EU can, and cannot, use its broad harmonisation power under Article 114 TFEU4 has long agitated the European legal community, for it is a crucial element of the vertical repartition of competences between the Union and the Member States. The two cases dealt with in

Actions (login required)