Abstract
The study aims at an analysis of the Article 345 of the Treaty on the Functioning of the European Union. The author presents the relation between European Union law and the member state law regulating property ownership. The author makes an attempt to answer what did the European Community founders actually mean by the treaties shall in no way prejudice the rules in member states governing the system of property ownership.
Highlights
General commentsThe historical context of the adoption of Article 345 of TFEU is quite useful in understanding the role of this provision in the TFEU structure
We may come across a situation where an entity relies on Article 345 to prevent the application of EU norms to itself, beyond the scope reserved to the member states under Article 345
The title of this article was: What did the European Community Founders mean by saying that the Treaties shall in no way prejudice the rules in Member States governing the system of property ownership? I hope that my brief historical analysis will convince readers that their intention was to persuade the polities of Member Statesto be that European integration does not equate to nationalization of their industry
Summary
The historical context of the adoption of Article 345 of TFEU is quite useful in understanding the role of this provision in the TFEU structure. 40 | Adam Mickiewicz University Law Review cannot be assigned any normative importance, as a certain type of treaty super-derogation. It is the Court’s well-established opinion that this provision does not exempt public enterprises from the scope of the application of particular provisions of the Treaty (Article 34, 63, 102, 106, 110). Article 345 may play a certain normative role if a strictly linguistic interpretation is applied – as a provision leaving the exclusive competence to determine the area of ownership rights in the sense of private law regulations to particular member states, especially during the debate on the integration of private law, or, even more so, introduction of a European Civil Code
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