Principle Of Conferral

Question 1

Conferral (2) plus article

Answer 1

Art 5(2)
Eu has no inherent powers, only powers given by MS
Competences not conferred via treaties remain within MS

Question 2

Competence definition

Answer 2

Responsibility for decision making in a particular area

Question 3

Treaty articles generally confer…

Answer 3

Competence on a particular body for a particular purpose

Question 4

Scope of competence is determined by?

Answer 4

CJEU

Question 5

Why is scope of competence a controversial area to define? (3)

Answer 5

MS fear encroachment on sovereignty
EU citizens fear lack of democracy
Commission fear stalling of integration

Question 6

2 types of competence

Answer 6

Express

Implied

Question 7

Express competence

Answer 7

Explicitly set out in treaty provisions

Question 8

Implied competence (2) plus cases

Answer 8

Existence of a power may imply the existence of any other powers which are necessary to ensure exercise of the original power - Germany v Commission
This should be exceptional - French Republic v Commission

Question 9

3 types of competence plus article

Answer 9

Art 2 TFEU
Exclusive
Shared
Supplementary

Question 10

Exclusive competence article

Answer 10

Art 2(1) TFEU 
When treaties confer exclusive competence on union only union may legislate and adopt legally binding acts

Question 11

What does union have exclusive competence on (6) plus article

Answer 11

Art 3 TFEU 
Customs union 
Establishing competition rules 
Monetary policy 
Common fisheries policy 
Common commercial policy 
Conclusion of international agreement

Question 12

Shared competence article

Answer 12

Art 2(2) TFEU 
When treaties confer shared competence both union and ms may legislate... the ms shall exercise their competence to the extent that union has not exercised theirs

Question 13

Which is the default category of competence article

Answer 13

Art 4(1) TFEU shared

Question 14

Supplementary competence article

Answer 14

Art 2(5) TFEU 
In some areas, U will have competence to carry out actions to support/ supplement MS actions

Question 15

Union has supplementary competence in the protection of… (7) plus article

Answer 15

Art 6 TFEU 
Health
Industry 
Culture 
Tourism 
Education
Civil protection 
Administrative cooperation

Question 16

2 types of competence

Answer 16

Specific

General

Question 17

General competence (2) plus articles

Answer 17

Art 352 TFEU
Action necessary to attain EU objectives
Art 114 TFEU
Approximation of laws directly affecting the establishment or function of internal market

Question 18

Legal basis (2)

Answer 18

Any EU law must cite provision which sets the power to make the law
Legal basis will set out legislative procedure and types of law that can be adopted

Question 19

If theirs more than one legal basis…

Answer 19

Deciding which requires examination of aim and content of measure
If sims are inextricably linked that a predominant purpose cannot be ascertained and where the 2 legal bases provide for different procedure - CJEU decide; usually whichever gives greater role to parliament

Question 20

Choice of legal basis case

Answer 20

Tariff preferences (1987)