Article 308 of the EC Treaty

Whenever the UK House of Commons European Scrutiny Committee scrutinises a proposal for EC legislation or action, it examines the legal base for it in the EC Treaty. When there is no specific legal base, Article 308 is often used. However the Committee has sometimes taken a different, and more literal, interpretation of the article than the Government. In seeking to clarify the situation, the Committee took evidence from the European Commission and the European Council Legal Service; the UK Foreign Secretary, Margaret Beckett, and Professor A A Dashwood of Sidney Sussex College, Cambridge.

United kingdom: House of Commons: European Scrutiny Committee: 29th Report (2006-07)HC 41-xxix http://www.publications.parliament.uk/pa/cm200607/cmselect/cmeuleg/41-xxix/41-xxix.pdf

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