mwp2022-1.pdf
(1.19 MB, PDF)
… For instance, and to name but a few, unanimity is required by Article 7(2) TEU to adopt sanctions against a Member State which is breaching the core values enshrined in Article 2 TEU; moreover, unanimity is the rule for decision-making in the Common Foreign Security Policy domain, pursuant to Article 24(1) TEU; in addition, both the Own Resources Decision and the Multiannual Financial Framework shall be adopted by the Council acting unanimously, according to Articles 311 and 312 of the Treaty on … Spaak Report, Article 116 TFEU could appear only applicable to specific distortions. At the time of the Spaak Report, such a view was influenced by the assumption that generic distortions could be instead addressed through adjustments in the effective exchange rate.50 The limitation of the scope of Article 116 TFEU to specific distortions, to which various commentators have adhered,51 is thus grounded on a premise which is practically impossible in the context of the Economic and Monetary Union … ‗Approximation of Laws‘ in Rudolf Geiger, Daniel- Erasmus Khan and Markus Kotzur (eds), European Union Treaties: A Commentary (Beck; Hart 2015) 566. 52 See von Quitzow (n 26) 194–195; Englisch (n 30) 59. On the singleness of the currency and of the exchange rate policy in the EMU, see Article 119(2) TFEU. See also Rosa M Lastra and Jean-Victor Louis, ‗European Economic and Monetary Union: History, Trends, and Prospects‘ (2013) 32 Yearbook of European Law 57, 57–72. 53 See Daniel Vignes, ‗Le …