Chapter Three

• 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.
• European Union


  • Lacks inherent powers; its competences must be conferred by its foundational charter, the European Treaties
• Legislative Competence


  The material field within which an authority is entitled to legislate
• Union Policies and Internal Actions

  • Set out in Part III of the Treaty on the Functioning of the European Union (TFEU)
• Teleological Interpretation


  Union competences interpreted in a way that allows them to spill over into other policy areas
• General Competences


  Articles 114 and 352 TFEU provide broad legislative bases that cut across various policy titles
• Doctrine of Implied External Powers


  Extends Union competences beyond explicitly stated powers
• Strict Principle of Conferral


  Limits Union's power to autonomously interpret its competences, preserving the sovereign rights of Member States
• Soft Principle of Conferral

  Allows for teleological interpretation, focusing on the purpose of a rule to address social problems not anticipated when the text was drafted
• Working Time Directive

  • UK contested the directive based on health and safety provisions, arguing the Union legislator acted ultra vires. The Court supported the Union's teleological interpretation.
• Casagrande Case

  • The Court interpreted Union legislation on education grants teleologically, expanding its scope beyond literal text
• Article 114 TFEU: Harmonization Competence

  Allows the Union to adopt measures for the approximation of national laws to establish and function the internal market
• Spain v. Council

  • The Court upheld the Union's power to harmonize laws even with the potential for future obstacles to trade
• Article 352 TFEU: Residual Competence


  Enables the Union to take action necessary within the framework of the Treaties to attain its objectives, even if not explicitly provided for in the Treaties
• Environmental Policy


  • Developed under Article 352 before having a specific title in the Treaties
• ERTA Case

  Established the Union's competence to enter international agreements based on its internal competences
• Opinion 1/76 and Opinion 2/91

  Confirmed the doctrine of parallel treaty-making powers for all matters within the Union's internal competence
• Article 216 TFEU: Codifying Implied Powers


  Grants the Union the competence to conclude international agreements necessary to achieve its objectives within the framework of its policies
• Categories of Union Competences

  • Exclusive Competences (Article 3 TFEU)
  • Shared Competences (Article 4 TFEU)
  • Coordinating Competences (Article 5 TFEU)
  • Complementary Competences (Article 6 TFEU)
• Exclusive Competences (Article 3 TFEU)

  Areas where only the Union may legislate and adopt legally binding acts
• Policy areas of Exclusive Competences

  • Customs union
  • Competition rules for the internal market
  • Monetary policy for Eurozone
  • Conservation of marine biological resources
  • Common commercial policy
• Shared Competences (Article 4 TFEU)

  Both the Union and Member States may legislate and adopt legally binding acts. The Union and Member States can act in the same field, but Member States can only exercise their competence to the extent that the Union has not exercised its competence.
• Coordinating Competences (Article 5 TFEU)


  The Union provides arrangements for Member States to exercise their competences in a coordinated manner, particularly in economic and employment policies
• Complementary Competences (Article 6 TFEU)

  The Union can support, coordinate, or supplement the actions of Member States without superseding their competences
• Areas of Complementary Competences


  • Human health protection
  • Industry
  • Culture
  • Tourism
  • Education and training
  • Civil protection
  • Administrative cooperation
• The Union operates based on conferred competences, with the majority spread across Part III of the TFEU
• The Union has utilized its competences extensively through teleological interpretation and general competences
• Different competence categories (exclusive, shared, coordinating, complementary) constitutionally distribute power between the Union and Member States