LIMITATIONS TO THE EU Flashcards

1
Q

how do the treaties limit the power of the EU?

A

The secondary legislation must have legal basis the is found in the treaties which provides the EU with authority to act- to ensure that the EU only does what the Treaties have allowed

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2
Q

what is the competence of the EU?

A

the EU’s powers are conferral - they have been given specific competence to act from the treaties

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3
Q

where are the general competences set out?

A

Article 2 - 6 TFEU

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4
Q

what is the difference between exclusive, shared and supplementary competence?

A

TFEU
ARTICLE 3 = exclusive competencies to the EU

ARTICLE 4 = shared competencies with the member state

ARTICLE 6 = where the EU can only coordinate, supplement or support the member state action

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5
Q

what does article 5 of the TFEU set out?

A

that the union shall act only within the limits of the competences conferred upon it by the member states in the Treaties to attain the objectives set out therein

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6
Q

what is subsidiarity?

A

ART 5(3) TFEU

  • introduced by the Maastricht Treaty 1992

The EU cannot act where the member state has the capacity to better achieve the given objective

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7
Q

how do GPL’s limit the EU?

A

They define and limit the scope of EU institutions competences hen they adopt EU legislation

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8
Q

what is proportionality?

A

ARTICLE 5(4) TEU - the union shall not exceed what is necessary to achieve the objectives of the treaty

Morphed also to limit member states

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