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Objectives, Competences and Citizens
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Lecture notes of 6 pages for the course Constitutional Foundations of the EU at UoS (.)
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Objectives, Competences and CitizensThe EU’s Values – Article 2 Treaty of EU
The objectives of the EU are bound up with the EU’s commitment to respect certain
core values:
Art 2 - ‘The Union is founded on the values of respect for human dignity,
freedom, democracy, equality, the rule of law and respect for human rights,
including the rights of persons belonging to minorities. These values are
common to the Member States in a society in which pluralism, non-
discrimination, tolerance, justice, solidarity and equality between women and
men prevail’.
Rhetorical, aspirational, legally binding?
All new Member States must sign up to these values.
States may be sanctioned if they are not respected.
Article 6 & 7 Treaty of EU.
The EU’s Objectives – Article 3 Treaty of EU
Art3(1) – ‘The Union’s aim is to promote peace, its values and the well-being of its
peoples’.
Art 3(2) – area of freedom, security and justice without internal frontiers…free
movement of persons…appropriate border controls, asylum, immigration measures.
Art 3(3) – internal market…sustainable development…full employment…
environmental protection…combat social exclusion and discrimination…equality
between women and men…solidarity between generations…right of the child…
solidarity among member states…respect cultural and linguistic diversity…safeguard
Europe’s cultural heritage.
Art 3(4) – economic and monetary union.
Art 3(5) – promote its values in wider world…peace, security, sustainable
development of Earth…solidarity and mutual respect among peoples…free and fair
trade…eradication of poverty…protection of human rights.
The EU’s Competences – Article 3(6) Treaty of EU
Art 3(6) – ‘The Union shall pursue its objectives by appropriate means
commensurate with the competences which are conferred upon it in the Treaties’.
The EU can only act when the treaties specify that they have the competence
to act in those fields.
Competences – the power/right to act in certain areas.
Competence Catalogue – No Competence Means No Power to Act
, Art 3 TEU sets out the EU’s broad objectives.
Range of goals.
Possible conflicts.
More specific competences are to be found in Arts 3-6 TFEU.
Art 3 – exclusive competences (Member States should not act in this field, it
is up to the EU to be active within this field).
Customs union.
Competition rules.
Common commercial policy.
Art 4 – shared competences (Member States are happy to transfer, to some
extent, to the EU, and can still be active in these policies).
Internal market.
Social policy.
Agriculture.
Transport.
Energy.
Art 6 – supporting actions (EU is active, but to a much smaller degree, so
Member States keep most of their sovereignty).
Health.
Culture.
Education.
New categorisation since the Lisbon Treaty.
Clearer than before?
Art 4(1) TEU – ‘…competences not conferred upon the Union in the Treaties remain
with the Member States’.
Competences that are not mentioned in Arts 3-6 TFEU cannot be acted upon
by the EU, and the individual Member States may retain all sovereignty over
those fields.
Family Law.
Tax Law.
Criminal Law.
Art 5(1) TEU – ‘The limits of Union competences are governed by the principle of
conferral.
The EU can only do what it is empowered to do.
No Treaty base – no EU power to act.
Interpreting Competences – The Role of the Court of Justice
Meaning of EU Treaties are exclusively determined by Court of Justice (Art 19 TEU).
Deals with any conflicts or issues of competence.
Why is boundary marking important?
It shows the legitimacy of EU action – the power to act.
It settles supremacy issues – conflict between national and European law
over competence.
It shows the correct legal base – how relevant decisions are to be made by
which institutions and using which procedure.
Examples of the Court of Justice’s interpretation:
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