Opinie regulation on the Innovative Medicines Initiative 2 Joint Undertaking

Opinion on the legal basis of the proposal for a Council regulation on the Innovative Medicines Initiative 2 Joint Undertaking (COM(2013)0495 – C7-0259/2013 – 2013/0240(NLE))
II. Analysis
The case law of the Court of Justice as regards the choice of the correct legal basis is well established. The Court has emphasised that the choice is of constitutional importance in view of the consequences of the legal basis in terms of competence and procedure. Thus, under Article 13(2) TEU, each institution is to act within the limits of the powers conferred upon it by the Treaty.

Furthermore, the Court has stressed that "the choice of legal basis for a [Union] measure must rest on objective factors amenable to judicial review, including in particular the aim and the content of the measure". If an act pursues a twofold purpose or has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, that measure must be based on a single legal basis, namely that required by the main or predominant purpose or component.
 
A dual legal basis can only be used if a measure simultaneously pursues a number of objectives or has several linked components, without one being secondary and indirect in relation to the other, under the condition that the procedures laid down for each legal basis are not incompatible.

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III. Conclusion and recommendation
At its meeting of 17 December 2013 the Committee on Legal Affairs accordingly decided, unanimously, to recommend the following: Article 187 TFEU and Article 188 TFEU, first paragraph constitute the correct legal basis for the proposal for a Regulation on the Innovative Medicines Initiative 2 Joint Undertaking (IMI2).