Principles and Competences of the EU

Question 1

What is the principle that enables MS to devolute some of their powers to the EU?

Answer 1

The principle of conferral.

Question 2

What competences bypass the principle of conferral?

Answer 2

Implied competences and Subsidiary competences.

Question 3

What are the types of competences that MS and the EU have?

Answer 3

• Exclusive competences of the EU (monetary policy)
• Shared competences
• Support competences (education, culture and tourism)
• Retained competences by the MS (law and order on their territory)

Question 4

What principles manage the exercise of competences by the EU?

Answer 4

1. The principle of subsidiarity (Art. 5) with an a priori political control by the Commission and an a posteriori judicial review by the ECJ.
2. The principle of proportionality (Art. 5): minimal interference with MS’ sovereignty.
   * The Consistency (Art. 7, general requirement): it has an internal and external aspect.

Question 5

In what ways can the MS differentiate in integration levels?

Answer 5

• Enhanced cooperation (min 9 MS, only non-exclusive competences, authorized by the Council on proposal by the Commission)
• Opt-outs (Schengen agreement for Ireland; Monetary Union for Denmark and Sweden)