Competence Flashcards
1
Q
Which treaty article etsbalishes the principle of conferral, subsidiarity and proportionality?
A
Art 5 TEU
2
Q
two types of competence disputes
A
horizontal and vertical
3
Q
treaty articles about competence
A
Art 3-6
4
Q
three explicit types of competence
A
exclusive, shared, supporting
5
Q
Where does the Union have implicit competence?
A
- in international agreements regarding policy areas that EU has exclusive competence over or where EU regulation exists
- where it is essential for the exercise of an explicitly conferred power
6
Q
flexibility clause
A
- Art 352 TFEU
- necessary to obtain the objectives of the treaties
- heightened procedural requirements - rare
7
Q
harmonisation clause
A
Art 114 FTEU
- establishment and functioning of the internal market –> avoid competitive advantages
- ordinary legislative procedure (no heightened requirements)
