Legal Framework of the Exercise of the Powers in the European Union

Nicoleta Diaconu
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Nicoleta Diaconu: Police Academy Alexandru Ioan Cuza, Romania

Annals - Juridical Science Series, 2010, vol. 1, 65-82

Abstract: Setting powers in the European Union is a particularly complex problem, given the heterogeneity of both the Union and how the sharing of the powers between the EU and its Member States.By the changes brought forth by the Treaty of Lisbon new provisions were introduced in the European Union Treaty (TFEU), clear areas of exclusive competence of EU are established, also areas of shared competence and areas of coordination and support actions of the Member States. The anterior shortcomings of the previous legislation are being surpassed by the Treaty provisions, as the previous texts did not clearly show the areas of Community competence, establishing only general characteristics of community action against Member States in some areas. The limits of Union competences are based on the allocation principle. The exercise of community competences is based on the principles of subsidiarity and proportionality. Under the principle of conferral, the Union shall act within the powers assigned to it by the Member States to achieve the targets set. The competences not conferred upon the Union remain with the Member States. Under the principle of subsidiarity, in areas that do not fall within its exclusive competence the Union shall act only and in so far as the objectives of the proposed action can not be sufficiently achieved by the Member States either at a central or at a regional and local level, but can, due to the scale and the effects, be better achieved at the Union level.

Keywords: principle of subsidiarity; principle of conferral; member states; exclusive competence; treaty (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2010
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