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Document 12016L/AFI/DCL/42

Consolidated version of the Treaty on the Functioning of the European Union
A.DECLARATIONS CONCERNING PROVISIONS OF THE TREATIES
42.Declaration on Article 352 of the Treaty on the Functioning of the European Union

OJ C 202, 7.6.2016, p. 351–351 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/treaty/lis_2016/fna_1/dcl_42/oj

7.6.2016   

EN

Official Journal of the European Union

C 202/351


42.   Declaration on Article 352 of the Treaty on the Functioning of the European Union

The Conference underlines that, in accordance with the settled case law of the Court of Justice of the European Union, Article 352 of the Treaty on the Functioning of the European Union, being an integral part of an institutional system based on the principle of conferred powers, cannot serve as a basis for widening the scope of Union powers beyond the general framework created by the provisions of the Treaties as a whole and, in particular, by those that define the tasks and the activities of the Union. In any event, this Article cannot be used as a basis for the adoption of provisions whose effect would, in substance, be to amend the Treaties without following the procedure which they provide for that purpose.


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