[M1] Video 1 — Principle Characteristics Flashcards

Part 1.1 of the KU Leuven MOOC on European Democracy and the Rule of Law, taught by Professor Dr. Jan Wouters.

1
Q

What is the ‘subsidiarity’ principle?

A

The EU may act only if the desired outcome of a proposed action cannot be ‘adequately achieved’ by a member-state and would be better achieved at the EU level.

(Not applicable to exclusive competence.)

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2
Q

What is the ‘proportionality’ principle?

A

The the scope of the power exercised within an action cannot exceed what is necessary and proper to achieve objectives outlined in the Treaty on European Union and the Treaty on the Functioning of the European Union.

(Applicable to all competences.)

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3
Q

What are the 4 Competences?

A
  1. Exclusive Competence
  2. Shared Competence
  3. Supporting Competence
  4. Member State Competence
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4
Q

What is ‘exclusive competence’? Give one example.

A

With exclusive competence, only the EU may adopt legal acts; it may however empower member-states to take action if deemed neccessary.

  1. Monetary policy for those in the Eurozone.
  2. Regulation of competition regarding the internal market.
  3. Conservation of marine resources.
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5
Q

What is ‘shared competence’? Give one example.

A

With shared competence, both the EU and member-states may adopt legal acts; if and when the EU does act however, it will take precedence, thereby preventing MS from adopting ’personal’ acts.

  1. Environmental conservation.
  2. Data protection (i.e. GDPR)
  3. Immigration policy.
  4. Consumer protection.
  5. The so-called ‘area of freedom, security, & justice’.

(Easy mnemonic: EDICT)

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6
Q

What is ‘supporting competence’? Give one example.

A

With supporting competence, the EU may coordinate and supplement the action of a member-states, but may not act directly.

  1. Education policy.
  2. Culture.
  3. Industry.
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7
Q

What is the ‘principle of conferral’?

A

The principle whereby member-states have conferred control over certain policy to the EU, enabling the latter to act. Without conferral of a policy area, the EU is denied any competence.

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8
Q

Where is the conferral of power outlined?

A
  1. The Treaty on European Union
  2. Treaty of the Functioning of the European Union
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9
Q

What is a ‘master of the treaty’?

A

A master of the treaty is any member-state, as they exercise the power of scrutiny over all major developments affecting it.

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