Knowledge of EU Law & EU Institutions - Week 4

Competences of the EU

Overview of Competences

  • The European Union (EU) operates under the principle of conferral or principle of attributed powers:

    • This principle implies the EU has only those competences that are conferred by Treaties.

    • It is described as the principle of highest constitutional significance.

  • Legal basis provision:

    • Confers upon the EU the power to act in specific areas or topics.

  • The Lisbon Treaty defined the scope and categories of EU competences, which include:

    • Exclusive competences

    • Shared competences

    • Supporting competences

    • This categorization establishes the division of power between Member States (MSs) and the EU.

  • Additional principles outlined in the Lisbon Treaty:

    • Principle of subsidiarity: Determines whether and how the competence should be exercised.

    • Principle of proportionality: The content and form of EU action must not exceed what is necessary to achieve the objectives of the Treaties.

Lecture Outline

  1. The EU Legal Order

  2. The Principle of Conferral of Powers

    • Legal basis provisions and the conferral of powers

    • Role of conferral of powers in three basic types of Union competences

  3. Principles Governing Use of EU Competences

    • Questions related to the relationship between competences and practical applications

The European Legal Order

Definition of a Legal Order

  • “A LEGAL ORDER is an aggregate or a plurality of general and individual norms that govern human behaviour, prescribing how one ought to behave.”

    • Source: H. Kelsen, The Concept of the Legal Order (1982), p. 64.

Characteristics of Legal Order

  • Typically associated with:

    • Territorial state

    • Hierarchy of norms that govern the exercise of public power.

    • Relations between citizens and the state, especially regarding executive political power.

    • Queries whether these characteristics apply at the EU level.

Constitutional Framework

  • Questions regarding the existence of a constitution for the EU:

    • Constitutions serve to constitute the state and create a legal order for its operation.

    • The EU lacks a singular constitution.

    • No “European people” who have conferred power upon the EU; rather, MSs have transferred powers to an international legal body through Treaties.

    • The Court of Justice of the European Union (CJEU) has affirmed there is a European legal order that supersedes national laws, yet the German Constitutional Court maintains that MSs remain the “masters of the treaties.”

EU Constitutional Structure

Founding Values and Aims

  • Established in Articles 2 + 3 TEU.

Democratic Principles

  • Defined in Articles 9-12 TEU.

Basic Principles of Law

  • Found in Articles 4-6 TEU.

Economic Freedoms

  • Explained in Article 18 TFEU.

Horizontal Requirements

  • Covered in Articles 8-17 TFEU.

Treaty on European Union (TEU)

  • Serves as the foundational document outlining general principles, objectives, and organizational framework of the EU.

  • Articles cover critical aspects such as democracy, fundamental rights, and membership rules.

    • Example: Article 50 TEU describes a country's exit procedure from the EU (Brexit).

Treaty on the Functioning of the European Union (TFEU)

  • Contains specific rules on EU functions and policy implementation.

  • Discusses areas including economic policy, internal market, and competition law.

  • Example: Article 114 TFEU details the harmonization processes for national laws.

Analogy of TEU and TFEU

  • TEU referred to as the EU’s