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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 October 2021

Title XIX Research and Technological Development and Space

Title XIX Research and Technological Development and Space

(p.1491) Title XIX Research and Technological Development and Space
The EU Treaties and the Charter of Fundamental Rights

Sacha Garben

Oxford University Press

Article 4(3) TFEU provides that in the areas of research, technological development, and space, the Union shall have competence ‘to carry out activities, in particular to define and implement programmes’. This competence is further fleshed out in the various provisions contained in Title XIX. Article 4 TFEU concerns areas in which competence is shared between the EU and the MS. The competence in research, technological development, and space is not, however, an ordinary shared competence. Article 4(3) TFEU specifies that ‘the exercise of that competence [in research, technological development and space] shall not result in MS being prevented from exercising theirs’. This means that Union action may not pre-empt MS action in these areas, whereas such pre-emption is actually the main characteristic feature of shared competences, in accordance with Article 2(2) TFEU.

Keywords:   pre-emption, ordinary shared competence, prohibitions of harmonization

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