Article 114 TFEU

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Article 114 TFEU is the provision of EU primary law that empowers the Union to adopt measures harmonizing national laws to ensure the functioning of the internal market.

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Statements (50)

Predicate Object
instanceOf internal market legal basis
legal basis in EU law
provision of EU primary law
adoptedBy Member States of the European Union NERFINISHED
allows Member States to introduce national provisions justified by major needs under Article 36 TFEU
Member States to introduce national provisions relating to the protection of the environment or the working environment
contains procedure for Commission to examine national derogations
provisions on health, safety, environmental and consumer protection considerations
safeguard clause for Member States to maintain national provisions based on major needs
decisionMakingProcedure ordinary legislative procedure
empowers European Parliament and Council NERFINISHED
enteredIntoForce 1 December 2009
excludes fiscal provisions
provisions relating to the free movement of persons
provisions relating to the rights and interests of employed persons
interpretedBy Court of Justice of the European Union NERFINISHED
introducedBy Treaty of Lisbon (as renumbered provision) NERFINISHED
keyCaseLaw Case C-210/03 Swedish Match NERFINISHED
Case C-376/98 Germany v Parliament and Council (Tobacco Advertising I) NERFINISHED
Case C-380/03 Germany v Parliament and Council (Tobacco Advertising II) NERFINISHED
Case C-491/01 British American Tobacco NERFINISHED
Case C-58/08 Vodafone and Others NERFINISHED
languageVersions all official languages of the European Union
legalBasisFor EU directives approximating national laws
EU regulations approximating national laws
harmonisation measures of Member States’ laws
legalNature horizontal internal market competence
locatedInDocument Chapter 3 TFEU NERFINISHED
Part Three TFEU NERFINISHED
Title VII TFEU NERFINISHED
partOf Treaty on the Functioning of the European Union NERFINISHED
predecessor Article 100a EEC NERFINISHED
Article 95 EC
purpose approximation of national provisions concerning the internal market
ensuring the establishment and functioning of the internal market
relatedTo Article 115 TFEU NERFINISHED
Article 26 TFEU NERFINISHED
Article 36 TFEU
requires Commission to approve or reject national derogation measures
consultation of the Committee of the Regions
consultation of the Economic and Social Committee
scope approximation of laws, regulations and administrative provisions of the Member States
measures having as their object the establishment and functioning of the internal market
subjectTo judicial review by the Court of Justice of the European Union
title Approximation of laws
usedFor EU consumer protection measures linked to the internal market
EU digital single market legislation
EU environmental measures with internal market focus
EU financial services harmonisation
EU product harmonisation legislation

Referenced by (1)

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