EU Allocation of Competences
Allocation of Competences in the European Union
The System of Powers
The European Union operates based on the principle of conferred powers. This means the EU can only act within the limits of the powers granted to it by the Treaties. Member States retain national jurisdiction unless it’s explicitly transferred to the EU. This transfer must be specific, outlining both the substantive scope and the courses of action permitted.
Principle of Authority
The EU must have a specific legal basis for its actions, found in the Treaties or secondary legislation. This allocation of competences is irrevocable; once transferred, a competence cannot be revoked by a Member State.
Specific Powers
Specific powers are detailed within the Treaties. However, determining the precise boundaries of EU competence can be challenging, especially when Member States legislate in areas that might overlap with EU jurisdiction. The Court of Justice often clarifies these boundaries, typically upon request from the Commission.
Implied Powers (Article 308 of the Treaty on European Union)
Article 308 allows the Council to unanimously adopt measures necessary to achieve Community objectives, even if the Treaty hasn’t explicitly provided the required powers. This requires three conditions:
- The action is necessary to achieve a Community objective.
- The Treaty does not provide the necessary powers.
- The action respects Community principles, including subsidiarity.
This provision has been instrumental in deepening European integration.
Relations Between National and Community Competences
National Powers
Member States retain all powers not specifically allocated to the EU. However, the principle of the effectiveness of EU law prevents Member States from invoking their exclusive competence if it undermines EU law. A duty of cooperation also exists to ensure national actions don’t harm the Community interest. In areas of national jurisdiction, the EU may undertake complementary, non-regulatory actions.
Concurrent Jurisdiction (e.g., Environment, Transport, Agriculture)
In areas of concurrent jurisdiction, Member States can act as long as the EU hasn’t exercised its competence. Effective EU action preempts national action, preventing legal loopholes. Even in the absence of EU action, national measures in these areas must respect general EU law principles, not impede future EU action, and uphold the duty of cooperation.
Exclusive Community Competence (e.g., Common Commercial Policy, Customs, Fisheries, Monetary Policy)
In areas of exclusive competence, Member States can only act with the approval of EU institutions. This ensures any state action serves the overall Community interest. While the EU holds exclusive competence, Member States often implement these policies under EU supervision. Exercise of Community competence by a Member State should never be interpreted as a reassertion of that jurisdiction, as the transfer is permanent and irrevocable.
Exercise of Community Powers
The exercise of EU powers is governed by the principles of allocation, subsidiarity, and proportionality, introduced by the 1992 Treaty of Maastricht (not Amsterdam).
Principle of Subsidiarity
In areas of non-exclusive competence, the EU should only act if the objectives cannot be sufficiently achieved by Member States and are better achieved at the EU level due to scale or effects. This principle emphasizes decision-making at the level closest to the citizens. It applies only to concurrent powers, not exclusive ones.
Principle of Proportionality
The principle of proportionality requires that EU action not exceed what is necessary to achieve the Treaty objectives. This principle applies to both concurrent and exclusive powers. It mandates that the EU choose the least intrusive means to achieve its goals, minimizing the impact on individual freedoms while ensuring effectiveness.