LIMITATIONS TO THE EU Flashcards
how do the treaties limit the power of the EU?
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
what is the competence of the EU?
the EU’s powers are conferral - they have been given specific competence to act from the treaties
where are the general competences set out?
Article 2 - 6 TFEU
what is the difference between exclusive, shared and supplementary competence?
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
what does article 5 of the TFEU set out?
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
what is subsidiarity?
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
how do GPL’s limit the EU?
They define and limit the scope of EU institutions competences hen they adopt EU legislation
what is proportionality?
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