Lukáš Vician
Lukáš Vician
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02 December 2017

European Commission discusses stripping Member States of veto power on tax matters

European Commission discusses stripping Member States of veto power on tax matters

EU’s Commissioner for Economic and Financial Affairs, Pierre Moscovici, recently told the press that the European Commission was not excluding the use of extraordinary powers to effectively deny Member States their veto power on tax matters. Such a move is taken as a response to the deadlock on certain legislation. The legal basis for this extraordinary power is Article 116 of the Treaty on the Functioning of the European Union (TFEU), which allows the Commission to adopt decisions through the majority of 28 Member States on tax matter when and where competition distortions are taking place in the internal market of the EU. This is an exception as tax matters are as a rule governed by unanimity. The Commission is now looking for a broader support before engaging in Article 116 TFEU. This seems to be another step in the EU taking a bolder approach in the direct taxation matters in the internal market. Would the Member States be ready to pool some of their tax sovereignty to Brussels for the sake of enhancing the internal market?

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