The Constitution Treaty of 2004 that was rejected in referenda by two member states offered for the first time a clear distinction of EU and member states’ competences. The Lisbon Treaty retained this classification of competences into exclusive, shared and competences where the EU may take action only to support, coordinate or complement member states’ activities. Those areas that are not specifically mentioned in the Treaties remain the responsibility of the member states.
The scope and the use of EU competences are governed by the following guiding principles:
Principle of conferral - it means that power cannot be transferred from member states to the EU without consent of the member states i.e. member states agree to allocate part of their sovereignty and autonomy to the Union’s institutions. Conferral of powers is managed through the treaties.
Principle of subsidiarity – in areas which are not under exclusive EU competence, the EU can take action only where the same objectives cannot be sufficiently achieved by a lower level of governance (member states or subnational levels) and can, thus be better achieved at the EU level.
Principle of proportionality - states that the EU may only do what is necessary, and not more, in order to achieve its objectives.
A special protocol governs the application of the latter two principles.
There are six exclusive competences and in those areas the EU makes legislation and decisions independently. Member states make no decisions and do not interfere with the competence in these matters transferred to the EU. The European Commission has been granted power to issue decisions in these areas.
The Constitution Treaty of 2004 that was rejected in referenda by two member states offered for the first time a clear distinction of EU and member states’ competences. The Lisbon Treaty retained this classification of competences into exclusive, shared and competences where the EU may take action only to support, coordinate or complement member states’ activities. Those areas that are not specifically mentioned in the Treaties remain the responsibility of the member states.The scope and the use of EU competences are governed by the following guiding principles:Principle of conferral - it means that power cannot be transferred from member states to the EU without consent of the member states i.e. member states agree to allocate part of their sovereignty and autonomy to the Union’s institutions. Conferral of powers is managed through the treaties. Principle of subsidiarity – in areas which are not under exclusive EU competence, the EU can take action only where the same objectives cannot be sufficiently achieved by a lower level of governance (member states or subnational levels) and can, thus be better achieved at the EU level.Principle of proportionality - states that the EU may only do what is necessary, and not more, in order to achieve its objectives.A special protocol governs the application of the latter two principles.There are six exclusive competences and in those areas the EU makes legislation and decisions independently. Member states make no decisions and do not interfere with the competence in these matters transferred to the EU. The European Commission has been granted power to issue decisions in these areas.
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