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Consolidated Version of the Treaty on the Functioning of the European Union - PART THREE
Article 114 TFEU as the Legal Basis for the Directive
Legal Interpretation
The Consolidated version of the Treaty on the Functioning of the European Union (TFEU) outlines the legal framework for the approximation of laws within the European Union. Article 114 TFEU serves as the primary legal basis for harmonizing laws across member states.
In the case of the Directive on tobacco products, Article 114 TFEU is considered the appropriate legal basis as it directly addresses the establishment and functioning of the internal market. The Directive aims to protect public health by regulating the manufacture, presentation, and sale of tobacco products within the EU.
Applicability of Article 114 TFEU
Article 114 TFEU applies to measures that aim to:
- Ensure the free movement of goods and services within the EU
- Eliminate technical barriers to trade
- Guarantee consumer protection and environmental standards
In the context of tobacco products, Article 114 TFEU provides the legal authority to implement measures that protect public health while ensuring the functioning of the internal market.
Comparison with Previous Cases
Unlike previous cases, the suitability of Article 114 TFEU as the legal basis for the tobacco products directive is not disputed. This is because the Directive clearly falls within the scope of approximating laws to protect public health and facilitate the free movement of goods within the EU.
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