Lecture 4 (Comptences of EU)

Question 1

What is the principle of conferral?

art. 4+5 TEU

Answer 1

-Because of the principle of conferral, The EU can only act within the limits of the comptences conferred upon them in the treaties by the Member States.
-EU can only act if treaties explicitly authorize it to do so.

Question 2

What are legal Basis Provisions?

Answer 2

-In a piece of law of the EU, the legal basis of the act is mentioned in the preamble, to ensure that all acts by the EU have a legal basis.

Question 3

What is the difference between general legal basis provisions, and specific legal basis provisions?

Answer 3

-specific legal basis provisions– are for specific policy areas such as: criminal law, free movement of workers, health etc.
-general legal basis provisions– are for general the objectives set out in the treaties, internal market.
Art. 114,115,352 TFEU

Question 4

What sort of comptences does the EU Have

Answer 4

• exclusive comptences– only EU can decide on this matter. 2(1) TFEU
• Shared comptences– between EU and member states. 2(2) TFEU
• supporting comptences of the EU. 2(5) TFEU

Question 5

What is the principle of subsidarity (and the purpose)?

Answer 5

-the EU can act “only in and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and is better achieved by the EU.’’
-only non-exclusive powers
-purpose– exercising power as close to the citizens as possible.

Art. 5(3) TEU

Question 6

What is the principle of proportionality?

Answer 6

Art.
5(4) TEU In all cases, “the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.”

applies for all EU Law.