Week 10: competences of the EU

Question 1

What are the ways of attributing competences to the EU?

Answer 1

1. EXPLICIT ATTRIBUTIONS (normally):
   - the Treaties explicitly mention the FIELDS concerned (where the EU has exclusive, shared, supporting competencies;
   - the CJEU determines the SCOPE through interpretation of the provisions.
2. IMPLICIT ATTRIBUTION (exceptionally): the Treaties do not explicitly mention the fields concerned;

Question 2

How is the division of competences of the EU?

Answer 2

1- Exclusive EU competencies: areas in which the EU alone is able to legislate and adopt binding acts. EU Member States are able to do so themselves only if empowered by the EU

2- Shared competencies: the EU and the Member States are able to legislate and adopt legally binding acts. EU member states exercise their own competencies where the EU does not exercise

3. Supporting competencies: the EU can only intervene to support, coordinate, or complement the action of EU member states

Question 3

What are the principles that limit the exercise of the EU competencies?

Answer 3

1. SUBSIDIARITY:
   Key elements:
   - Non-exclusive competencies: it dictates that the EU should only act if an issue cannot be sufficiently addressed by member states at a national, regional, or local level
   - Necessity: requires proving the necessity of EU action by demonstrating that the objectives cannot be adequately achieved by member states
   - Adde value: the EU should intervene when its action can bring significant benefits or added value compared to actions taken solely by member states
2. PROPORTIONALITY:
   Key features:
   - Suitability: whether the chosen means are suitable or apt to achieve the intended objective
   - Necessity: whether the chosen means are necessary and indispensable for achieving the intended objective.

Question 4

How is the involvement of national Parliaments’ compliance with the principle of subsidiarity/subsidiarity control mechanisms?

Answer 4

1. Preliminary check by the national Parliaments:
   - Yellow Card: national parliaments may force the commission to reconsider a legislative proposal on the ground of a breach subsidiarity
   - Orange card: following reasoned opinions by the national Parliaments, the matter may end up being referred to the Council and the EP
2. Retrospective view: compliance with the principle of subsidiarity may be reviewed retrospectively using a legal action brought before the Court of Justice of the European Union.

Question 5

What are the reasons for growing focus on subsidiarity?

Answer 5

Enlargement from 6 to 28/27 members, popular discontent with EU action, dissatisfaction on the part of national parliaments, accountability, changing of voting rules, expansion of EU competencies.

Question 6

What are the legal basis provisions powers on the EU?

Answer 6

1. Specific legal basis provisions: for specific policy areas (e.g. Common Foreign and Security Policy, free movement of workers, criminal law
2. General legal basis provisions: relate in general way to the internal market or to the objectives set out in the Treaties.
3. Issues determined by legal basis provisions:
   - the field in which action by the EU is made possible: (internal market, sex equality in employment and occupation)
   - the type of act that is made possible:(regulation, directive, decision, “measures” in a general sense),
   - the procedure to be followed: (ordinary legislative procedure, consultation, voting in the Council etc.)