Gaois

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  1. EUROPEAN UNION|European Union law|EU law|application of EU law

    #662905

    IATE #3588587
    tástáil phríomhachta Reference Comhairle-GA
    ga
    Schwerpunktkriterium
    de
    centre of gravity test | predominance test | predominant purpose test
    en
    Definition examination on the basis of which the choice of the legal basis of a Union measure is to be made, in the event that the measure in question pursues two purposes or comprises two components; it requires the examination of the aim and content, as well as context of the international instrument Reference Council PL, based on: Council Decisions on the EU position regarding the adoption of the Rules of Procedure of the EU-Armenia Partnership Council and other bodies established under CEPA (internal Council doc. ST 5360/20)
    Comment According to this test, the single legal basis of EU measures is the rule (namely that required by the main or predominant purpose or component), while multiple legal bases are an exception. Moreover, the measure must be founded on multiple legal bases if it is established that the measures simultaneously pursue a number of objectives, or have several components, which are inextricably linked without one being incidental to the other. It is equally noted that it is not the procedure that defines the legal basis of a measure but the legal basis of a measure that determines the procedure to be followed in adopting it.