Competences - What are the two general competences of the EU and how do they work?
3 important questions on Competences - What are the two general competences of the EU and how do they work?
TWo general competences of the EU:
Each policy area has special competences, but there are two general competences. Which two competences are there?
Internal market Competence
Residual Competence
Residual Competence
Explain what the Internal market competence is: Article 114 TFEU
Taking measures to make sure that national laws (which have the objective of establishment and functioning of the internal market) harmonies with the internal market. (Harmonization competence)
When national law regarding the internal market ensures obstacles the EU has the power to overrule national law and harmonise this to get rid of the obstacles for the internal market and make it more smoothly.
whenever a rule refers to making the internal market and transfers of goods through MS, making it more smoothly and removing obstacles, the EU has the competence to issue rules on that.
When national law regarding the internal market ensures obstacles the EU has the power to overrule national law and harmonise this to get rid of the obstacles for the internal market and make it more smoothly.
whenever a rule refers to making the internal market and transfers of goods through MS, making it more smoothly and removing obstacles, the EU has the competence to issue rules on that.
Explain what the residual competence is (Artcicle 352.
If the treaties have not provided the necessary powers. And if there is a new situation/ new policy field and is not in the treaty yet. The Union can take the competence only IF all MS agree!
Can be used in two situations:
1/ Union has already specific competence in a certain policy area, but that is not enough to achieve the objective.
2/ Development of a policy area that has no specific mention of competences within the Treaties. For example Cyber Security > is a new issue that has been arrised.
Can be used in two situations:
1/ Union has already specific competence in a certain policy area, but that is not enough to achieve the objective.
2/ Development of a policy area that has no specific mention of competences within the Treaties. For example Cyber Security > is a new issue that has been arrised.
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