1. European Union Law Daniele Gallo
Part III: Competences
Harm Schepel

2. Principle of Conferral
Articles 4.1, 5.1 and 5.2 TEU
Article 5.2 TEU:
Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.

3. Principle of Conferral
Governs (directly) the division of powers between the Union and the Member States
Governs (indirectly) the division of powers between the different EU Institutions: it requires a precise legal basis for every legislative act, which provision prescribes the particular legislative procedure to be followed.

4. Principle of Conferral: Exceptions? Article 114 TFEU
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.

5. Principle of Conferral: Exceptions? Article 352 TFEU
If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament.

6. Principles on the exercise of competences
Article 5 TEU (3) Subsidiarity Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

7. Principles on the exercise of competences
Article 5 (4) Proportionality
Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.

8. Intermezzo: teleology
The ‘objectives’ of the Treaties? Article 3 TEU The Union's aim is to promote peace, its values and the well- being of its peoples

9. Intermezzo: teleology
Article 3 TEU seq.
The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.

10. Intermezzo: teleology
Article 3 TEU seq
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
It shall promote economic , social and territorial cohesion, and solidarity among Member States

11. Categories of competence
Exclusive competence: Article 2 (1) TFEU When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only ifso empowered by the Union or for the implementation of Union acts.

12. Categories of competence
Shared competence: Article 2(2) TFEU When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence.

13. Categories of competence
‘Coordinating’ and ‘supplementing' competences: Article 2 (5) TFEU In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas. Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States’ laws or regulations.

14. Categories of competence: the material fields listed
Exclusive competence: Article 3 TFEU (customs union, competition rules, monetary policy, common commercial policy)
Shared competence: Article 4 TFEU (internal market, social policy, agriculture and fisheries, environment, consumer protection, energy, AFSJ)
‘Coordination’: Article 5 TFEU (economic policy, employment policy)
‘Support, coordinate or supplement’: Article 6 TFEU (health, industry, culture, tourism, education, civil protection)

15. Categories of competence: CFSP
Article 2 (4) TFEU The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.

16. Implied exclusive external competences
Article 3.2 TFEU The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.

17. Problems and Issues
Regulating tobacco advertising: health or ‘functioning of the internal market’?
What is ‘monetary policy’ as opposed to economic policy?
(ECB, Crisis law litigation) (Conditionality, austerity)