ENISA (CJEU) C-217/04

Updated: Jan 8

UK v EP and Council

(2006)

LEGAL BASIS

INTERNAL MARKET ART. 114 TFEU


LEGAL ANALYSIS

The UK challenges the set up of the EU-agency “European Network and Information Security Agency” with a legal basis of Art. 114 TFEU. The agency is designed to help the MS cooperate and implement harmonisation legislation.


The UK said it was outside of the scope because it isn’t the “approximation of national laws” (art. 114(1) TFEU).


CJEU:


→ DISCRETION ON INSTRUMENT OF HARMONISATION ART. 114 TFEU:

So also agencies if there is

1. A link to internal market and

2. An impact on the implementation of harmonisation measures in the sense of national laws.

→ Here there was a link so the UK loses.


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