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YOUR NOTES ON '61986CJ0131_SUM'
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61986CJ0131_EN

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Summary

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1 . AGRICULTURE - APPROXIMATION OF LAWS - LEGAL BASIS

( EEC TREATY, ARTS 38 ( 2 ), 39, 43 AND 100; COUNCIL DIRECTIVE 86/113 )

2 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - CHOICE OF LEGAL BASIS - CRITERIA - PRACTICE FOLLOWED BY AN INSTITUTION - NOT RELEVANT IN THE LIGHT OF THE RULES LAID DOWN IN THE TREATY

3 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - STATEMENT OF REASONS - ALTERATION AFTER THE ADOPTION OF A MEASURE - NO POWER ON THE PART OF THE GENERAL SECRETARIAT OF THE COUNCIL

( EEC TREATY, ART . 190 )

Summary

1 . ARTICLE 43 OF THE TREATY IS THE APPROPRIATE LEGAL BASIS FOR ANY LEGISLATION CONCERNING THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS LISTED IN ANNEX II TO THE TREATY WHICH CONTRIBUTES TO THE ACHIEVEMENT OF ONE OR MORE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 OF THE TREATY . THERE IS NO NEED TO HAVE RECOURSE TO ARTICLE 100 OF THE TREATY WHERE SUCH LEGISLATION INVOLVES THE HARMONIZATION OF PROVISIONS OF NATIONAL LAW IN THAT FIELD, EVEN WHERE IT IS DIRECTED NOT ONLY TO OBJECTIVES OF THE COMMON AGRICULTURAL POLICY BUT ALSO TO OTHER OBJECTIVES WHICH, IN THE ABSENCE OF SPECIFIC PROVISIONS, ARE PURSUED ON THE BASIS OF ARTICLE 100 . INASMUCH AS ARTICLE 38 ( 2 ) OF THE TREATY GIVES PRECEDENCE TO SPECIFIC PROVISIONS IN THE AGRICULTURAL FIELD OVER GENERAL PROVISIONS RELATING TO THE ESTABLISHMENT OF THE COMMON MARKET, ARTICLE 100 CANNOT BE RELIED ON AS A GROUND FOR RESTRICTING THE FIELD OF APPLICATION OF ARTICLE 43 .

DIRECTIVE 86/113 LAYING DOWN MINIMUM STANDARDS FOR THE PROTECTION OF LAYING HENS KEPT IN BATTERY CAGES, WHICH WAS INTENDED MAINLY TO ELIMINATE DISTORTIONS OF COMPETITION WHICH MIGHT INTERFERE WITH THE PROPER FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET FOR EGGS, WHILE AT THE SAME TIME PROMOTING ANIMAL WELFARE, COULD BE ADOPTED ON THE BASIS OF ARTICLE 43 ALONE .

2 . THE DETERMINATION OF THE APPROPRIATE LEGAL BASIS FOR A MEASURE DOES NOT DEPEND ON THE DISCRETION OF THE COMMUNITY LEGISLATURE BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW . A COUNCIL PRACTICE OF ADOPTING LEGISLATIVE MEASURES IN A PARTICULAR FIELD ON A DUAL LEGAL BASIS CANNOT DEROGATE FROM THE RULES LAID DOWN IN THE TREATY . SUCH A PRACTICE CANNOT THEREFORE CREATE A PRECEDENT BINDING ON THE COMMUNITY INSTITUTIONS WITH REGARD TO THE DETERMINATION OF THE CORRECT LEGAL BASIS .

3 . THE STATEMENT OF THE REASONS FOR A MEASURE, WHICH IS REQUIRED BY ARTICLE 190 OF THE TREATY AND IS INTENDED TO ENABLE THE COURT TO REVIEW ITS LEGALITY AND MAKE THE MEMBER STATES AND THE NATIONALS CONCERNED AWARE OF THE CONDITIONS UNDER WHICH THE COMMUNITY INSTITUTIONS HAVE APPLIED THE TREATY, IS AN ESSENTIAL PART OF THE MEASURE . CONSEQUENTLY, NEITHER THE SECRETARY-GENERAL OF THE COUNCIL NOR THE STAFF OF ITS GENERAL SECRETARIAT HAVE THE POWER TO ALTER THE STATEMENT OF THE REASONS FOR A MEASURE ADOPTED BY THE COUNCIL .

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