Legal English – werkzitting 2
1. What are the competences of the EU?
The EU’s competences describe the areas in which it is allowed to make law or
take action. The Treaties distinguish three main types:
a) Exclusive Competences (Art. 3 TFEU)
Only the EU may legislate and adopt legally binding acts; Member States
may act only if empowered by the EU.
These include:
- Customs union
- Competition rules necessary for the functioning of the internal market
- Monetary policy for euro-area states
- Common commercial policy (trade)
- Conservation of marine biological resources under the common
fisheries policy
- Conclusion of international agreements when required by an EU law
b) Shared Competences (Art. 4 TFEU)
Both the EU and Member States may legislate, but Member States exercise
their competence unless/until the EU acts.
Key shared areas include:
- Internal market
- Social policy (aspects)
- Economic, social and territorial cohesion
- Agriculture and fisheries (except conservation, which is exclusive)
- Environment
- Consumer protection
- Transport
- Energy
- Area of freedom, security and justice
- Public health (common safety concerns)
c) Supporting, Coordinating or Supplementary Competences (Art. 6 TFEU)
The EU may not harmonise national laws, but can support, coordinate or
supplement Member State actions.
These include:
- Education
- Youth and sport
- Culture
- Tourism
- Civil protection
- Administrative cooperation
- Public health promotion
, EXAMEN:
Definition competence of the EU = the power of the EU to undertake action in a
specific field. You can find these in article 5 of the TEU which is based on 3
principals.
- Principals of conferral: The principle of conferral is a fundamental
principle of European Union (EU) law stating that the EU can only act
within the competences (powers) that its member states have granted
to it through the treaties
- Principal of subsidiarity: The principle of subsidiarity is a
governance principle that advocates for decisions to be made at
the lowest, most local level possible, with higher levels of
authority intervening only when lower levels are unable to
address the issue effectively.
- Principal of proportionality The principle of proportionality requires that
actions be appropriate to their objective, striking a balance between
the means used and the legitimate aim.
2. The official institutions of the EU and their powers
Article 13 TEU identifies seven official institutions:
a) European Parliament
Main functions:
- Legislates jointly with the Council (ordinary legislative procedure).
- Budgetary power (adopts the EU budget with the Council).
- Democratic supervision of other institutions (e.g., approves Commission
President, can dismiss Commission).
EP Factsheet: European Parliament – Powers and Functions.
b) European Council
Members: Heads of State or Government, its President, and the President
of the Commission.
Main functions:
- Provides the EU’s political direction and priorities.
- Handles major crises and constitutional questions.
- Does not legislate.
EP Factsheet: European Council.
c) Council of the European Union (Council of Ministers) = legislated
Main functions:
- Main co-legislator with Parliament.
- Coordinates Member State policies (e.g., economic policy).
- Adopts the budget with Parliament.
- Concludes international agreements.
EP Factsheet: Council of the EU.
d) European Commission = executive
1. What are the competences of the EU?
The EU’s competences describe the areas in which it is allowed to make law or
take action. The Treaties distinguish three main types:
a) Exclusive Competences (Art. 3 TFEU)
Only the EU may legislate and adopt legally binding acts; Member States
may act only if empowered by the EU.
These include:
- Customs union
- Competition rules necessary for the functioning of the internal market
- Monetary policy for euro-area states
- Common commercial policy (trade)
- Conservation of marine biological resources under the common
fisheries policy
- Conclusion of international agreements when required by an EU law
b) Shared Competences (Art. 4 TFEU)
Both the EU and Member States may legislate, but Member States exercise
their competence unless/until the EU acts.
Key shared areas include:
- Internal market
- Social policy (aspects)
- Economic, social and territorial cohesion
- Agriculture and fisheries (except conservation, which is exclusive)
- Environment
- Consumer protection
- Transport
- Energy
- Area of freedom, security and justice
- Public health (common safety concerns)
c) Supporting, Coordinating or Supplementary Competences (Art. 6 TFEU)
The EU may not harmonise national laws, but can support, coordinate or
supplement Member State actions.
These include:
- Education
- Youth and sport
- Culture
- Tourism
- Civil protection
- Administrative cooperation
- Public health promotion
, EXAMEN:
Definition competence of the EU = the power of the EU to undertake action in a
specific field. You can find these in article 5 of the TEU which is based on 3
principals.
- Principals of conferral: The principle of conferral is a fundamental
principle of European Union (EU) law stating that the EU can only act
within the competences (powers) that its member states have granted
to it through the treaties
- Principal of subsidiarity: The principle of subsidiarity is a
governance principle that advocates for decisions to be made at
the lowest, most local level possible, with higher levels of
authority intervening only when lower levels are unable to
address the issue effectively.
- Principal of proportionality The principle of proportionality requires that
actions be appropriate to their objective, striking a balance between
the means used and the legitimate aim.
2. The official institutions of the EU and their powers
Article 13 TEU identifies seven official institutions:
a) European Parliament
Main functions:
- Legislates jointly with the Council (ordinary legislative procedure).
- Budgetary power (adopts the EU budget with the Council).
- Democratic supervision of other institutions (e.g., approves Commission
President, can dismiss Commission).
EP Factsheet: European Parliament – Powers and Functions.
b) European Council
Members: Heads of State or Government, its President, and the President
of the Commission.
Main functions:
- Provides the EU’s political direction and priorities.
- Handles major crises and constitutional questions.
- Does not legislate.
EP Factsheet: European Council.
c) Council of the European Union (Council of Ministers) = legislated
Main functions:
- Main co-legislator with Parliament.
- Coordinates Member State policies (e.g., economic policy).
- Adopts the budget with Parliament.
- Concludes international agreements.
EP Factsheet: Council of the EU.
d) European Commission = executive
