Traduction de «Doctrine de la règle de raison » (Français → Anglais) :

Since the objective of this Regulation, namely to adopt specific rules for the surveillance of the sea borders by border guards operating under the coordination of the Agency, cannot be sufficiently achieved by the Member States due to the differences in their laws and practices, but can rather, by reason of the multinational character of the operations, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU.

4. Consequently, Articles 1 to 7 of the Framework Decision – which deal with the definition of offences, the principle of the obligation to impose criminal penalties, the rules on participation and instigation, the level of penalties, accompanying penalties and the specific rules on the liability of legal persons – which, “on account of both their aim and their content”, “have as their main purpose the protection of the environment”, “could have been properly adopted on the basis of Article 175 EC”[5]. “In those circumstances, the entire framework decision, being indivisible, infringes Article 47 EU as it encroaches on the powers which A ...[+++]rticle 175 EC confers on the Community”[6], and should be annulled. Art 47 EU establishes the primacy of Community law over Title VI of the TEU.

Practitioners and academic writers generally consider that the rules of Article 6 are relatively well drafted.

1. Subject to Article 10, Member States shall immediately communicate to the Commission any draft technical regulation, except where it merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice; they shall also let the Commission have a statement of the grounds which make the enactment of such a technical regulation necessary, where these have not already been made clear in the draft.

In 1998, the Commission adopted Directive 98/15/EC to clarify some of the rules due to differing interpretations in EU countries.

1. Member States shall immediately communicate to the Commission any draft technical regulation, except where such technical regulation merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice ; they shall also let the Commission have a brief statement of the grounds which make the enactment of such a technical regulation necessary, where these are not already made clear in the draft.