| Summary briefing: The legality of mandatory transferable fishing concessions |
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September 2011 | Read the summary briefing The European Commission’s Proposal for the Reform of the Common Fisheries Policy on 13th July, 2011 introduces a mandatory rights-based management scheme to deal with the issue of access to marine resources, referred to by the Commission as ‘Transferable Fishing Concessions’ (TFCs). This briefing explains why the mandatory EU-wide introduction of TFCs is unlawful under Article 345 of the Treaty on the Functioning of the European Union (TFEU), and in addition (and without prejudice to its unlawfulness) contrary to the principles of subsidiarity and proportionality. |
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