EU Competences: Exclusive, Shared, and Supporting
The EU has a range of competences, which are the areas in which it has the authority to make decisions and take action. These competences are defined and outlined in the EU treaties and can be broadly categorized into three main types:
1. Exclusive Competences
These are areas where only the EU has the authority to legislate and adopt binding decisions. Member states cannot enact laws in these areas unless the EU explicitly delegates authority to them. Exclusive competences include:
- Customs Union: Setting tariffs on goods imported from outside the EU.
- Competition Policy: Regulating competition and preventing anti-competitive practices within the EU single market.
- Monetary Policy: Managing the euro currency and monetary policy for eurozone countries.
2. Shared Competences
These are areas where both the EU and member states have the authority to legislate and adopt laws. However, EU law takes precedence over national law in case of conflicts. Shared competences include:
- Internal Market: Ensuring the free movement of goods, services, capital, and people within the EU single market.
- Consumer Protection: Establishing consumer rights and safety standards for products sold within the EU.
- Environmental Policy: Setting environmental standards and regulations to protect natural resources and combat climate change.
3. Supporting Competences
These are areas where the EU can take action to support, coordinate, or complement the actions of member states. However, the EU’s authority in these areas is limited, and member states retain primary responsibility. Supporting competences include:
- Research and Innovation: Funding research projects and promoting innovation across EU member states.
- Education and Culture: Supporting educational exchanges, cultural programs, and language learning initiatives within the EU.
- Public Health: Facilitating cooperation and information sharing among member states to address cross-border health threats.
In addition to these competences, the EU also has powers to negotiate international agreements on behalf of its member states in certain areas, such as trade and foreign policy. The allocation of competences between the EU and its member states is a complex and evolving process, shaped by the principles of subsidiarity and proportionality, which ensure that decisions are taken at the most appropriate level of governance.
Principles Governing the Exercise of Competences
Principle of Subsidiarity
The principle of subsidiarity, enshrined in the Treaty of the European Union, dictates that actions should be taken at the most appropriate level, allowing the EU to intervene when necessary but respecting the autonomy of member states.
It ensures that decisions are made as closely as possible to citizens, promoting effective governance and democratic accountability.
Principle of Proportionality
The principle of proportionality mandates that EU actions must be proportionate to the desired objectives, ensuring that measures adopted do not exceed what is necessary to achieve those goals. It safeguards against overreach and unnecessary intrusion into member state affairs, maintaining a balance between EU and national competences.
Principle of Sufficiency of Means
This principle asserts that the EU should have the necessary means to achieve its objectives, aligning with the competences attributed to it. It ensures that the EU can effectively implement policies and initiatives within its competence, providing the tools required for successful governance.
By adhering to these principles, the EU navigates the complexities of its competences, balancing supranational authority with respect for member state sovereignty, and ensuring effective governance for the benefit of its citizens.