Translation of "Base juridique " (French → English) :

In fact, the legal basis for an act must be determined having regard to its own aim and content and not to the legal basis used for the adoption of other Community measures which might, in certain cases, display similar characteristics (see, in particular, Case C-187/93 Parliament v Council [1994] ECR I-2857, paragraph 28, regarding, specifically, the choice of legal basis for Regulation No 259/93, which is relied on by the Council and a number of interveners in the present case in support of recourse to Article 175 EC).

Admittedly, and as the Court held, in substance, in paragraphs 17 to 21 of the Titanium dioxide case, cited above, recourse to a dual legal basis is not possible where the procedures laid down for each legal basis are incompatible with each other or where the use of two legal bases is liable to undermine the rights of the Parliament (see also, to that effect, Joined Cases C-164/97 and C‑165/97 Parliament v Council [1999] ECR I-1139, paragraph 14, and Case C‑338/01 Commission v Council, cited above, paragraph 57).

However, recourse to a dual legal basis is not possible where the procedures laid down for each legal basis are incompatible with each other or where the use of two legal bases is liable to undermine the rights of the Parliament.

3. Considers that, while the EC Treaty does not provide a legal basis enabling the European Union itself to make provision for a general legal basis for criminal sanctions to ensure compliance with obligations, Article 10 of the Treaty nevertheless provides a general legal basis for requiring Member States to ensure compliance with Community law through various penalties, including criminal penalties, and that there is a legal basis for defining in broad terms the types of conduct which should be criminalised and the conditions for so doing;

3. Considers that, while the EC Treaty does not provide a legal basis enabling the European Union itself to make provision for a general legal basis for criminal sanctions to ensure compliance with obligations, nevertheless Article 10 of the Treaty provides a general legal basis for requiring Member States to ensure compliance with Community law through various penalties, including criminal penalties, and that there is a legal basis for defining in broad terms the types of conduct which should be criminalised and the conditions for so doing;

6. Notes the remarks by the Court of Auditors that the rules applying to the emoluments of members of the Institutions do not provide a specific legal basis for the application of weightings when transferring part of these emoluments to a country different from that of employment; considers that despite the Court of Justice's reply regarding the conclusions of its administrative committee meeting on 25 September 2002 (referring inter alia to Annex VII to the Staff Regulations), the existence of a specific legal basis is necessary, in particular in view of enlargement and asks the Court of Justice to start the necessary studies in order ...[+++]that a legal basis is available for the 2004 budgetary exercise at the latest so as to allow the harmonisation of the rules that govern the transfer of the emoluments of Members of the different Institutions to their countries of origin; requests the Court of Justice that, until a specific legal basis is available, it re-consider the need to suspend the application of these weightings;