Competences

Question 1

Summary of competences

Answer 1

• The EU has only the Competences conferred on it by the Treaties (principle of conferral).
• Under this principle, the EU may only act within the limits of the competences conferred upon it by the EU countries in the treaties to attain the objectives provided therein.
• Competences not conferred upon the EU in the treaties remain with the4 EU countries.
• The Treaty of Lisbon clarifies the division of competences between the EU and EU countries.
• These competences are divided into 3 main categories:
  1. Exclusive competences
  2. Shared competences
  3. Supporting competences

Question 2

What are exclusive competences?

Answer 2

Article 3 of the treaty on the Functioning of the European Union (TFEU)
Areas in which the EU alone is able to legislate and adopt binding acts
EU countries are able to do so themselves only if empowered by the EU to implement these acts.

The EU has exclusive competence in the following areas:
o Customs union
o The establishing of competition rules necessary for the functioning of the internal market.
o Monetary policy for euro area countries.
o Conservation of marine biological resources under the common fisheries policy.
o Common commercial policy
o Conclusion of international agreements under certain conditions.

Question 3

What are shared competences?

Answer 3

Article 4 TFEU: the EU and EU countries are able to legislate and adopt legally binding acts.

EU countries exercise their own competence where the EU does not exercise, or has decided not to exercise, its own competence.

Shared competences between the EU and EU countries applies in the following areas:
o Internal market
o Social policy, but only for aspects specifically defines in the treaty.
o Economic, social, and territorial cohesion (regional policy)
o agriculture and fisheries (except conservation of marine biological resources)
o environment
o consumer protection
o transport
o trans-European networks
o energy
o area of freedom, security, and justice
o shared safety concerns in public health matters, limited to the aspects defined in the TFEU
o research, technological development, space
o development, cooperation, and humanitarian aid.

Question 4

What are supporting competences?

Answer 4

Article 6 TFEU: the EU can only intervene to support, co-ordinate, or complement the action of EU countries.

Legally binding EU acts must not require the harmonization of EU countries’ laws or regulations.

Supporting competences relate to the following policy areas:
o Protection and improvement of human health
o Industry
o Culture
o Tourism
o Education, vocational training, youth, and sport
o Civil protection
o Administrative cooperation

Question 5

What are special competences?

Answer 5

• The EU can take measures to ensure that EU countries coordinate their economic, social and employment policies at EU level
• The EU’s common foreign and security policy is characterised by specific institutional features, such as the limited participation of the European Commission and the European Parliament in the decision-making procedure and the exclusion of any legislation activity.
• That policy is defined and implemented and implemented by the European Council (consisting of the heads of states or governments of the EU countries) and by the Council (consisting of a representative of each EU country at ministerial level).
• The president of the European Council and the High Representative of the Union for Foreign and Security Policy represent the EU in matters of common foreign and security policy.

Question 6

The exercise of competence?

Answer 6

The exercise of EU competences is subject to two fundamental principles laid down in Art5 of the Treaty on European Union (TEU):
- proportionality
- subsidiarity

Question 7

What is proportionality?

Answer 7

The content and scope of EU action may not go beyond what is necessary to achieve the objectives of the Treaties.

Question 8

What is subsidiarity?

Answer 8

In the area of its non-exclusive competences, the EU may act only if – and insofar as the objective of a proposed action cannot be sufficiently achieved by the EU countries but could be better achieved at EU level.

Question 9

Exclusive Competences

Answer 9

• Goods that come in into any EU member state will be subject to customs union (will have a tariff), ban/exportation of goods, some countries will input an export ban. When talking about customs union, were talking about external, and how goods/people can be banned to be exported to some countries. Customs union is the external element of the entire market.
• Competition rules, most of these protect the consumers, they will always affect us.
• Monetary policy, aims to keep inflation
• Conservation of marine is a very big area in Ireland
• Common commercial policy like the actual tariff and customs union, track our genesis to W.T.O- world trade organisation. – various different instruments Ireland has to protect itself- Dumping- when a country or a company within that country, sells good below a major cost, effectively then the EU would actually impose an anti-dumping levy, on a country who would do so. Anti-subsidy policy to impose a fine.
• Conclusion of international agreements, Lisbon treaty made it clear that member states do not have actual competence to sign actual agreements, EU has to do so. International agreements- association agreements-APC(African, Pacific, Caribbean)all goods are classified, they have a tariff, taxed as 0% or reduced tariff. It is in the best interest of the actual European manufacturing companies.
• Its only institutions that can sign actual agreements or laws
• The EU only has the competencies conferred on it by the treaties. Article 3 of TFEU (treaty on functioning) sets out rules on which EU alone is able to legislate and adopt binding acts. EU countries are able to do so themselves only if empowered by the EU to implement these acts. (commission, council of ministers, parliament)

Question 10

Shared Competences

Answer 10

• All the laws in this are still made by the institutions
• Social policy is important as well as regional policy (ensuring higher standard of living in EU)
• Environment – greener fuels
• Transport policy- stems to actual aviation, shipping centre, also covers railways and other networks as well
• Area of freedom, security and justice ties in with the external factor
• Shared concerns in public matter- covid
• Research, tech dev- most prestigious globally
• Article 4 of the TFEU provides that the EU and the EU countries are able to legislate and adopt legally binding act. The EU countries exercise their own competence where the EU does not exercise or has decided not to exercise its own competency.