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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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Title II Provisions Having General Application

Title II Provisions Having General Application

(p.377) Title II Provisions Having General Application
The EU Treaties and the Charter of Fundamental Rights

Marcus Klamert

Oxford University Press

Under Title II of the TFEU, the Treaty assembles a general consistency rule (Article 7 TFEU), a number of horizontal ‘mainstreaming’ provisions (Articles 8–13 TFEU), a provision on services in general economic interest (Article 14 TFEU), a principle of EU law plus legal basis (transparency, Article 15 TFEU), a fundamental right plus legal basis (data protection, Article 16 TFEU), and a provision on religion similar to Article 4(2) TEU on respect for national identities (Article 17 TFEU). Thus, the ‘provisions having general application’ have little in common. There are however some general remarks that can be made with regard to the horizontal provisions in Articles 8–13 TFEU, including the related consistency clause in Article 7 TFEU.

Keywords:   EU law, TFEU, consistency

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