Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61987J0242
Název:
Title: 		JUDGMENT OF THE COURT OF 30 MAY 1989. COMMISSION OF THE EUROPEAN COMMUNITIES V COUNCIL OF THE EUROPEAN COMMUNITIES. EUROPEAN COMMUNITY ACTION SCHEME FOR THE MOBILITY OF UNIVERSITY STUDENTS (ERASMUS) - ACTION FOR ANNULMENT - LEGAL BASIS - VOCATIONAL TRAINING. CASE 242/87.
Publikace:
Publication:		REPORTS OF CASES 1989 PAGES 1425
Předmět (klíčová slova):
Keywords		SOCIAL PROVISIONS;
Související předpisy:
Corresponding acts:		387D0327
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IT FOLLOWS FROM THE VERY WORDING OF ARTICLE 235 THAT ITS USE AS THE LEGAL BASIS FOR A MEASURE IS JUSTIFIED ONLY WHERE NO OTHER PROVISION OF THE TREATY GIVES THE COMMUNITY INSTITUTIONS THE NECESSARY POWER TO ADOPT THE MEASURE IN QUESTION.

2. THE ENACTMENT OF LEGAL MEASURES PROVIDING FOR COMMUNITY ACTION IN THE SPHERE OF VOCATIONAL TRAINING AND IMPOSING CORRESPONDING OBLIGATIONS OF COOPERATION ON THE MEMBER STATES FALLS WITHIN THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 128 OF THE TREATY, INTERPRETED IN ACCORDANCE WITH ITS WORDING AND THE NEED TO ENSURE ITS EFFECTIVENESS.

3. UNDER THE SYSTEM GOVERNING COMMUNITY POWERS, THE POWERS OF THE INSTITUTIONS AND THE CONDITIONS ON THEIR EXERCISE DERIVE FROM VARIOUS SPECIFIC PROVISIONS OF THE TREATY, AND THE DIFFERENCES BETWEEN THOSE PROVISIONS, PARTICULARLY AS REGARDS THE INVOLVEMENT OF THE EUROPEAN PARLIAMENT, ARE NOT ALWAYS BASED ON CONSISTENT CRITERIA.

4. UNDER THE SCHEME OF THE TREATY THE CONDITIONS UNDER WHICH LEGISLATIVE POWERS AND BUDGETARY POWERS ARE EXERCISED ARE NOT THE SAME. CONSEQUENTLY, THE REQUIREMENTS OF THE BUDGETARY PROCEDURE LAID DOWN FOR MAKING AVAILABLE THE APPROPRIATIONS NEEDED FOR THE IMPLEMENTATION OF THE PROGRAMME AT ISSUE CANNOT HAVE ANY IMPLICATIONS REGARDING THE PROCEDURAL REQUIREMENTS FOR ITS ADOPTION.

5. ANY FORM OF EDUCATION WHICH PREPARES FOR A QUALIFICATION FOR A PARTICULAR PROFESSION, TRADE OR EMPLOYMENT OR WHICH PROVIDES THE NECESSARY SKILLS FOR SUCH A PROFESSION, TRADE OR EMPLOYMENT IS VOCATIONAL TRAINING, WHATEVER THE AGE AND THE LEVEL OF TRAINING OF THE PUPILS OR STUDENTS, EVEN IF THE TRAINING PROGRAMME INCLUDES AN ELEMENT OF GENERAL EDUCATION. IN GENERAL, UNIVERSITY STUDIES FULFIL THOSE CRITERIA. THE ONLY EXCEPTIONS ARE CERTAIN COURSES OF STUDY WHICH, BECAUSE OF THEIR PARTICULAR NATURE, ARE INTENDED FOR PERSONS WISHING TO IMPROVE THEIR GENERAL KNOWLEDGE RATHER THAN PREPARE THEMSELVES FOR AN OCCUPATION.

6. THE EUROPEAN COMMUNITY ACTION SCHEME FOR THE MOBILITY OF UNIVERSITY STUDENTS (ERASMUS) CONCERNS NOT ONLY THE SPHERE OF VOCATIONAL TRAINING BUT ALSO THAT OF SCIENTIFIC RESEARCH. HENCE THE COUNCIL DID NOT HAVE THE POWER TO ADOPT IT PURSUANT TO ARTICLE 128 ALONE AND WAS THUS BOUND, BEFORE THE SINGLE EUROPEAN ACT ENTERED INTO FORCE, TO BASE THE DECISION ON ARTICLE 235 AS WELL.

Plný text judikátu (Entire text of the Judgment):