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Competences of European Union in European Constitution

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Member States or. European Union. Various intensity: exclusive competence ... European Union can act only if it is granted a competence to act by Member States ... – PowerPoint PPT presentation

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Title: Competences of European Union in European Constitution


1
Competences of European Union in European
Constitution main challenges
  • Presentation for COWAS Programme
  • Krystyna Kowalik-Banczyk

2
Definition of competence
  • Competence right and possibility to act,
    conferred on an organ/institution/organisation
  • by a Treaty or other document
  • (i.e. state act, Constitution)

3
Division of competences
  • Vertical competences
  • ? who can act?
  • Member States or
  • European Union
  • Various intensity
  • exclusive competence
  • shared competence
  • coordinating competence
  • They protect Member States from dominance of EU
  • Horizontal competences
  • Once decided it is EU who acts
  • who within EU?
  • which institution
  • which procedure
  • (involvement of Parliament guarantees greater
    democratisation)
  • They guarante
  • effectiveness of the Unions
  • decision-making system

4
Importance of competences
  • Why are competences so important?
  • source of LEGITIMACY
  • source of POWER
  • source of INFLUENCE

5
How it was till now?
  • principle of conferral/ of attributed powers
    (art. 5 par. 1 of Treaty on European Community)
  • no clear catalogue of competences (possibility of
    implied competences, art. 308 of TEC always
    leaving an open door)
  • various intensity of competences (exclusive,
    shared, coordinating)
  • principles for exercise of competence
    proportionality and subsidiarity
  • Does anything change because of Constitution?

6
Principle of conferral
  • European Union can act only if it is granted a
    competence to act by Member States
  • idea of dependence on Member States ? no
    Kompetenz Kompetenz
  • no presumption of competence
  • the Draft Treaty repeats this idea art. 9 par.
    2 the Union shall act within the limits of the
    competences conferred upon it by Member States in
    the Constitution to attain the objectives set out
    in the Constitution

7
Catalogue of competences
  • argument for improves transparency of Unions
    actions
  • argument against you cannot extend it, it might
    stop the integration
  • argument for simplification of the Treaty
  • argument against it does not change anything,
    the question is with exercise and not existence
  • Draft Treaty goes for the catalogue but not
    absolutely consequently

8
Intensity of competence
  • EXCLUSIVE
  • only EU (in the Draft in art. 12 - five areas of
    exclusive competence)
  • only Member States everything that was not
    conferred on EU
  • ! a not-exclusive competence might become one
    if there is a PREEMPTION
  • NOT-EXCLUSIVE
  • shared competence (in the Draft art. 13 par. 1-2)
    with the possibility of PREEMPTION
  • parallel competences (art. 13 par. 3-4, art. 14)
  • non-regulative (art. 16)

9
Flexibility clause
  • apart from catalogue an escape clause
  • art. 17 of the Draft
  • if action by the Union should prove necessary
    within the framework of the policies defined
    (...) to attain one of the objectives of the
    Constitution, and the Constitution has not
    provided the necessary powers, the Council of
    Ministers, acting unanimously on a proposal from
    the Commission and after consent of European
    Parliament, shall take the appropriate measures
  • ? why the catalogue, if we can escape it?

10
Exercise of Union competence
  • once we establish WHO acts, we have to establish
    HOW it will be exercised
  • FORM legal act (European laws, European
    framework laws, European regulations, European
    decisions, recommendations and opinions)
  • PROCEDURE more democratic option as the basic
    option (art. 33 par. 1)

11
Principles to be followed at the exercise of
Union competence
  • ? for all competences proportionality
  • the content and form of EU action shall not
    exceed what is necessary to achieve the
    objectives of the Constitution
  • for not-exlusive competences subsidiarity
  • EU shall act only insofar as the objectives of
    the intended action cannot be sufficiently
    achieved by Member States (central, regional or
    local level), but can rather by reason of the
    scale or effects of the proposed action - be
    better achieved by the UE
  • ! new thing control of exercise by National
    Parliaments!

12
What is REALLY problematic?
  • lack of transparency of EU action
  • will the catalogue of competences change it?
  • what else could improve it? (judicial control,
    control by National Parliaments, clear rules on
    exercise...)
  • what will change by factually repeating the
    existing schema?

13
Main challenges
  • You need to
  • avoid to block further integration
  • change the attitude of people towards the EU as
    something outside their real lives
  • really SIMPLIFY the system
  • keep the system EFFICIENT
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