3. Competences and Principles of Subsidiarity and Proportionality Flashcards
What is the principle of conferral in EU law?
The EU can only act within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.
(Art. 5(2) TEU)
How does the allocation of competences in the EU relate to a federal state?
By transferring competences, Member States limit their own sovereign powers. This transfer is the basis for the principles of supremacy and direct effect: EU law in the fields of EU competence prevails over national law and is applicable to Member State citizens.
What are the implications of the Van Gend en Loos case (26/62)?
The case established that the EU legal order allows individuals to invoke EU law before national courts. It recognizes that Member States have limited their sovereign rights and created a new legal order of international law for the benefit of both Member States and their nationals.
What did the Costa/ENEL case (6/64) establish?
The case affirmed that Member States have limited their sovereign rights by creating a Community with its own institutions, personality, legal capacity, and real powers. This creates a body of law that binds both their nationals and themselves.
What are the categories of EU competences?
Exclusive competences: The EU may legislate and adopt legally binding acts, with Member States able to do so themselves only if empowered by the EU for implementation.
Shared competences: The EU and Member States may legislate and adopt legally binding acts, with Member States exercising their competence if the EU has not exercised or has decided to cease exercising its competence.
Competence to support, coordinate, or supplement: The EU can carry out actions without superseding Member State competence, and EU legally binding acts do not entail harmonization.
List the areas of exclusive competence of the EU according to Article 3 TFEU.
Customs union
Establishing the competition rules necessary for the functioning of the internal market
Monetary policy for Member States whose currency is the euro
Conservation of marine biological resources under the common fisheries policy
Common commercial policy
Conclusion of international agreements under certain conditions
What are the limitations on Member States’ powers in areas of exclusive EU competence?
Member States may not act regardless of whether the EU acts without specific authorization from the EU, which is an exception and subject to EU supervision. No enhanced cooperation is allowed in these areas.
List the areas of shared competence according to Article 4 TFEU.
Internal market
Aspects of social policy in TFEU
Economic, social, and territorial cohesion
Agriculture and fisheries, excluding the conservation of marine biological resources
Environment
Consumer protection
Transport
Trans-European networks
Area of freedom, security, and justice
Aspect of common safety concerns in public health matters in TFEU
Explain how shared competences work in practice.
If the EU has not acted yet, Member States may adopt acts as they see fit, although they may not infringe upon fundamental freedoms. If the EU acts, it results in the substitution of previous Member State acts and pre-emption of subsequent Member State acts, based on the principle of sincere cooperation.
What areas fall under the support competence of the EU according to Article 6 TFEU?
Protection and improvement of human health
Industry
Culture
Tourism
Education, vocational training, youth and sport
Civil protection
Administrative cooperation
What are the limitations of EU intervention in areas of support competence?
EU intervention is limited to the EU dimension, pursuing EU interests and objectives without superseding the national dimension. It does not entail harmonisation, with only programmes, funds, and non-binding soft law acts used to incentivise.
How do economic and employment policy and CFSP function in terms of competences?
These areas are a hybrid between shared and coordination, with economic and employment policy driven by Member States coordinating policies, while CFSP is even more intergovernmental, with decisions mainly made by the European Council and Council.
What are the flexibility clauses in the TFEU and what do they allow the EU to do?
Articles 352 and 114-115 TFEU allow the EU to act in areas not clearly falling under any competence category, and the implied powers doctrine allows the EU to attain objectives.
What are the limitations of the flexibility clauses?
Article 352 TFEU cannot be an indirect way of amending the Treaties or entail harmonisation in areas where the Treaties exclude it, and it cannot refer to CFSP. Article 114 TFEU cannot be used for fiscal matters, movement of persons, employment, or coordination competence areas.
What control mechanisms exist to ensure the EU acts within its competences?
Subsidiarity principle (Art. 5(3) TEU)
Proportionality principle (Art. 5(4) TEU)
Specific procedure with national parliaments (Protocol 2)
Explain the subsidiarity principle.
It applies to the exercise, not the conferral, of competences. It ensures Member State and regional and local government autonomy is respected in EU action. Member States need to prove that they can take action at the national, regional, or local level (ability) and that action would be more effective if taken by Member States (effectiveness).
Explain the proportionality principle.
It refers to all EU competences and requires that the means are objectively appropriate and strictly necessary to attain EU objectives.
