3 principles
3 principles determine how and in what areas the EU may act:
- conferral – the EU has only that authority conferred upon it by the EU treaties, which have been ratified by all member countries
- proportionality – the EU action cannot exceed what is necessary to achieve the objectives of the treaties
- subsidiarity – in areas where either the EU or national governments can act, the EU may intervene only if it can act more effectively
Only EU can legislate
In certain areas, the EU alone is able to pass laws. The role of member countries is limited to applying the law, unless the EU authorises them to adopt certain laws themselves. In these areas, the EU has what the treaties call exclusive competences:
- customs union
- competition rules for the single market
- monetary policy for the eurozone countries
- trade and international agreements (under certain circumstances)
- marine plants and animals regulated by the common fisheries policy
EU or national governments can legislate
In certain areas, both the EU and member countries are able to pass laws. But member countries can do so only if the EU has not already proposed laws or has decided that it will not. In these areas, the EU has what the treaties call shared competences:
- single market
- employment and social affairs
- economic, social and territorial cohesion
- agriculture
- fisheries
- environment
- consumer protection
- transport
- trans-European networks
- energy
- justice and fundamental rights
- migration and home affairs
- public health (for the aspects defined in Article 168 of the Treaty on the Functioning of the European Union)
- research and space
- development cooperation and humanitarian aid
Member countries legislate, EU helps
In certain areas, the EU can only support, coordinate or complement the action of member countries. It has no power to pass laws and may not interfere with member countries’ ability to do so. In these areas, the EU has what the treaties call supporting competences:
- public health
- industry
- culture
- tourism
- education and training, youth and sport
- civil protection
- administrative cooperation
EU plays special role
In certain areas, special competences enable the EU to play a particular role or to go beyond what it is normally allowed under the treaties:
- coordination of economic and employment policies
- definition and implementation of the Common Foreign and Security Policy
- the ‘flexibility clause’, which under strict conditions enables the EU to take action outside its normal areas of responsibility