3. EU Competences
3.1. Basic Principles
Principle of conferral Principle of subsidiarity Principle of proportionality Fidelity principle
does EU have power to act? if the EU has power to act, should it if the EU should exercise this each level and unit duty to
EU only competence in so exercise this power? power, to what extent should it do ensure proper functioning
far as conferred upon it by Union should only act if objectives so? of system governance as
Member States (Art. 5(2) cannot be sufficiently achieved by form and content of EU action whole (Art. 4(3) TEU)
TEU) Member States (Art. 5(3) TEU) should not exceed what is negative obligations:
determination of - not applicable to exclusive powers necessary to achieve objective 1. to abstain from measures
- which institutions can only to shared and supporting powers (Art. 5(4) TEU) that could frustrate EU
act - Directives preferred over Regulations three-part test (Fedesa) objectives
- which procedure must Protocol 2 on application of principles of 1. is measure suitable to achieve positive obligations:
be used subsidiartiy and proportionality: national legitimate aim? 1. to secure legal certainty
- what the voting parliaments ensure compliance 2. is measure necessary to for EU law
requirements are - ECJ has never struck down legislation achieve that aim? 2. to actively police EU law
- which type of instument on subsidiarity grounds 3. does measure have excessive 3. to penalize infringements
must be used no ‘hard’ legal concept political effect on applicant’s interest? of EU law
policy thing 4. to notify Commissions if
problems applying or
enforcning
3.1. Basic Principles
Principle of conferral Principle of subsidiarity Principle of proportionality Fidelity principle
does EU have power to act? if the EU has power to act, should it if the EU should exercise this each level and unit duty to
EU only competence in so exercise this power? power, to what extent should it do ensure proper functioning
far as conferred upon it by Union should only act if objectives so? of system governance as
Member States (Art. 5(2) cannot be sufficiently achieved by form and content of EU action whole (Art. 4(3) TEU)
TEU) Member States (Art. 5(3) TEU) should not exceed what is negative obligations:
determination of - not applicable to exclusive powers necessary to achieve objective 1. to abstain from measures
- which institutions can only to shared and supporting powers (Art. 5(4) TEU) that could frustrate EU
act - Directives preferred over Regulations three-part test (Fedesa) objectives
- which procedure must Protocol 2 on application of principles of 1. is measure suitable to achieve positive obligations:
be used subsidiartiy and proportionality: national legitimate aim? 1. to secure legal certainty
- what the voting parliaments ensure compliance 2. is measure necessary to for EU law
requirements are - ECJ has never struck down legislation achieve that aim? 2. to actively police EU law
- which type of instument on subsidiarity grounds 3. does measure have excessive 3. to penalize infringements
must be used no ‘hard’ legal concept political effect on applicant’s interest? of EU law
policy thing 4. to notify Commissions if
problems applying or
enforcning
