Ch 1: introduction EU
Ch 2: development of EU
Ch 3: EU’s political institutions
Lecture 1
-
Lecture 2
Principle of conferral: EU has competence to act
Principle of subsidiarity: action of MS insufficient to achieve certain purpose
o Subsidiarity test (when shall the Union act?) p. 112
Principle not applicable in areas of Union’s exclusive competences, so
there must be no action in areas where the Union enjoys exclusive
competence (art. 2(1) and 3 TFEU list of exclusive competences)
The objective of the proposed action cannot be sufficiently achieved
by MS
By reason of scale or effects of the proposed action, the objective can
be better achieved at Union level, in other words, the Union action
would provide added value over action by MS acting individually
Principle of proportionality: action of EU must be limited to what is necessary to
achieve objectives of treaties. Content and form of action must be in keeping with
aim pursued
o Trailers: regulation is suitable to reach the goal proposed. Measures must be
necessary in the sense that less restrictive measures aren’t available or
wouldn’t be effective
Protocol NO. 2 on the Application of the Principle of Subsidiarity and Proportionality
Ch 5: legislation in EU. (3 principles)
Ch 6: effect of EU law in national legal systems (direct and indirect effect)
Ch 2: development of EU
Ch 3: EU’s political institutions
Lecture 1
-
Lecture 2
Principle of conferral: EU has competence to act
Principle of subsidiarity: action of MS insufficient to achieve certain purpose
o Subsidiarity test (when shall the Union act?) p. 112
Principle not applicable in areas of Union’s exclusive competences, so
there must be no action in areas where the Union enjoys exclusive
competence (art. 2(1) and 3 TFEU list of exclusive competences)
The objective of the proposed action cannot be sufficiently achieved
by MS
By reason of scale or effects of the proposed action, the objective can
be better achieved at Union level, in other words, the Union action
would provide added value over action by MS acting individually
Principle of proportionality: action of EU must be limited to what is necessary to
achieve objectives of treaties. Content and form of action must be in keeping with
aim pursued
o Trailers: regulation is suitable to reach the goal proposed. Measures must be
necessary in the sense that less restrictive measures aren’t available or
wouldn’t be effective
Protocol NO. 2 on the Application of the Principle of Subsidiarity and Proportionality
Ch 5: legislation in EU. (3 principles)
Ch 6: effect of EU law in national legal systems (direct and indirect effect)
