LIMITATIONS TO THE EU

Question 1

how do the treaties limit the power of the EU?

Answer 1

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

Question 2

what is the competence of the EU?

Answer 2

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

Question 3

where are the general competences set out?

Answer 3

Article 2 - 6 TFEU

Question 4

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

Answer 4

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

Question 5

what does article 5 of the TFEU set out?

Answer 5

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

Question 6

what is subsidiarity?

Answer 6

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

Question 7

how do GPL’s limit the EU?

Answer 7

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

Question 8

what is proportionality?

Answer 8

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