Policy Areas Conferred on

EU and Council of Europe

 Summary
Policy areas of the EU
EU powers and competences
Types of powers and competences
Principles of subsidiarity and
proportionality
Council of Europe
Different organisation and scope
Human Rights obligations
and European Court of Human Rights
 In What Areas Can the European
Union Legislate?
Powers defined by the various EU
Treaties, which are agreed and
signed by each Member government.
Distribution of competences
Exclusive Competence
Shared Competence
Articles 2-6 of the Treaty on the
Functioning of the EU (TFEU).
 4 Types of Competences
Exclusive (Article 3 TFEU) only the EU can act in these
areas e.g. customs union & trade policy;
Shared between the EU and EU countries (Article 4 TFEU).
EU countries can act only if the EU has chosen not to, e.g.
cohesion policy, energy & environment. EU countries may
ask the Commission to repeal an adopted legislative act in
one of the shared areas so as to better ensure compliance
with the principles of subsidiarity and proportionality
(Declaration No 18 annexed to the Treaty of Lisbon);
EU sets up arrangements within which EU countries must
coordinate policy (Article 5 TFEU) e.g. economic policy;
EU can support, coordinate or supplement EU countries
actions (Article 6 TFEU) e.g. culture & tourism.
 Exclusive Competence
An area falls within the exclusive
competence if the Treaties Areas
impose on it a duty to act, and it Common Commercial
is given sole responsibility under policy
the Treaty to act in that area. Common Agricultural
Member States no longer have policy
the power to introduce their
Fisheries policy
own legislation in those areas.
If the EU enacts legislation in Transport policy
these areas national Competition rules
governments may produce Rules governing the
their own national legislation free movement of
to implement it, but new goods, persons,
legislation cannot conflict with
services and capital.
EU law.
 Shared Competence
Policy areas where the EU has not been
granted exclusive competence are usually
known as areas of Shared Competence.
In areas which do not fall within its
exclusive competence, the EU may take
action only if the objectives of the
proposed action cannot be sufficiently
achieved by the Member States and can,
therefore, be better achieved by the EU.
 Art. 4(2) TFEU
The Community shall have as its task, by establishing a common
market and an economic and monetary union and by implementing
common policies or activities referred to in Articles 3 and 4,
to promote throughout the Community a harmonious, balanced
and sustainable development of economic activities,
a high level of employment and of social protection,
equality between men and women,
sustainable and non-inflationary growth,
a high degree of competitiveness and convergence of economic
performance,
a high level of protection and improvement of the quality of the
environment,
the raising of the standard of living and quality of life, and
economic and social cohesion and solidarity among Member
States.
 Shared competences (Article 4
TFEU)
internal market;
social policy, but only for
aspects specifically
defined in the Treaty;
economic, social and
territorial cohesion
(regional policy);
agriculture and fisheries;
environment;
consumer protection;
transport;
trans-European networks;
energy;
area of freedom, security
and justice;
shared safety concerns in
public health matters,
limited to the aspects
defined in the TFEU;
research, technological
development, space;
development cooperation
and humanitarian aid.
 Subsidiarity
The principle of subsidiarity is defined in Article
5 of the Treaty on European Union.
The EU does not take action (except in the
areas that fall within its exclusive competence),
unless it is more effective than action taken at
national, regional or local level.
It is closely bound up with the principle of
proportionality, which requires that any action
by the EU should not go beyond what is
necessary to achieve the objectives of the
Treaties.
 Proportionality
The principle of proportionality regulates the
exercise of powers by the EE.
It seeks to set actions taken by EU institutions
within specified bounds. So, the action of the EU
must be limited to what is necessary to achieve the
objectives of the Treaties.
The principle of proportionality is laid down in
Article 5 of the Treaty on European Union. The
criteria for applying it are set out in the Protocol
(No 2) on the application of the principles of
subsidiarity and proportionality annexed to the
Treaties.
 2 Protocols to the Lisbon
Treaty
Protocol No 1 encourages national Parliaments
involvement in EU activities and requires EU
documents and proposals to be forwarded to them so
they can examined before the Council takes a decision.
Protocol No 2 requires the Commission to take into
account the local dimension of all draft legislative acts
and to make a detailed statement on how the principle
of subsidiarity is respected. National Parliaments may
object to a proposal on the grounds that it breaches
the principle.
In the case of a breach of the principle of subsidiarity,
the Committee of the Regions or EU countries may
refer an adopted act directly to the Court of Justice of
the EU.
 Supporting competences (Art. 6
TFEU)
The EU can take measures to ensure that EU countries
coordinate their economic, social and employment
policies at EU level.
The common foreign and security policy is characterised
by specific institutional features, such as the limited
participation of the European Commission and the
European Parliament in the decision-making procedure
and the exclusion of any legislation activity.
The policy is defined and implemented by the European
Council and by the Council. The President of the
European Council and the High Representative of the
Union for Foreign and Security Policy represent the EU in
matters of common foreign and security policy.
 Area of freedom, security and
justice
A more efficient and more democratic decision-
making procedure that comes in response to the
abolition of the old pillar structure, bringing more
accountability and legitimacy;
Increased powers for the Court of Justice of the
European Union;
A new role for national parliaments.
Basic rights are strengthened by a Charter of
Fundamental Rights that is now legally binding on
the EU and by the obligation on the EU to sign up
to the European Convention for the Protection of
Human Rights and Fundamental Freedoms.
 Area of freedom, security and
justice
The objectives for the AFSJ are laid down in
Article67TFEU:
The Union shall constitute an area of freedom,
security and justice with respect for fundamental
rights and the different legal systems and
traditions of the Member States.
It shall ensure the absence of internal border
controls for persons and shall frame a common
policy on asylum, immigration and external border
control, based on solidarity between Member
States, which is fair towards third-country
nationals
 Area of freedom, security and
justice
The Union shall endeavour to ensure a high level
of security through measures to prevent and
combat crime, racism and xenophobia, and
through measures for coordination and
cooperation between police and judicial
authorities and other competent authorities, as
well as through the mutual recognition of
judgments in criminal matters and, if necessary,
through the approximation of criminal laws.
The Union shall facilitate access to justice, in
particular through the principle of mutual
recognition of judicial and extrajudicial decisions
in civil matters.
 Area of freedom, security and
justice
Main new features introduced by the Lisbon
Treaty.
A more efficient and more democratic decision-
making procedure
The Lisbon Treaty abolished the third pillar, which
was based on intergovernmental cooperation
legislative proposals are now adopted under the
ordinary legislative procedure based on
Article294TFEU.
The Council acts by a qualified majority, and the
European Parliament, as co-legislator, delivers its
opinion by the co-decision procedure.
 Area of freedom, security and
justice
A new role for national parliaments
Article12TEU and ProtocolsNo1 and No2 lay
down the role of the national parliaments in the
EU.
National parliaments now have eight weeks in
which to examine any given legislative proposal
in the light of the subsidiarity principle; until that
period has expired, no decision can be taken at
EU level on that proposal.
With regard to the AFSJ, if a quarter of the
national parliaments so request, a proposal must
be reviewed (Article7(2) of ProtocolNo2).
 Area of freedom, security and
justice
Increased powers for the Court of
Justice of the European Union
The Court of Justice may now give preliminary
rulings, without restriction, on all aspects of
the AFSJ.
Following the end of a five-year transitional
period from the entry into force of the Lisbon
Treaty (i.e. as of 1 December 2014), acts in
the field of police cooperation and judicial
cooperation in criminal matters adopted under
the previous Treaty can also be the subject of
such proceedings.
Specialist AFSJ management bodies
Establishment of several EU agencies:
Europol, for police cooperation;
the European Police College (CEPOL);
Eurojust, for judicial cooperation in criminal matters;
EU Fundamental Rights Agency, which deals with
fundamental rights and discrimination;
European Monitoring Centre for Drugs and Drug
Addiction;
Frontex, which is responsible for coordinating external
border control;
European Asylum Support Office;
and the EU Agency for the management of large-scale
IT systems in the AFSJ (eu-LISA).
 Council of Europe
The Lisbon Treaty increased the scope
for EU action in many areas where the
Council of Europe already has significant
experience and expertise:
Increased cooperation on issues such as
fighting human trafficking,
The sexual exploitation of children and
violence against women.
EU option to sign up to the European
Convention on Human Rights, and to other
Council of Europe agreements.
 Article 6 TEU
1. The Union recognises the rights, freedoms and principles set out in
the Charter of Fundamental Rights of the European Union of 7
December 2000, as adapted at Strasbourg, on 12 December 2007,
which shall have the same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the
competences of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in
accordance with the general provisions in Title VII of the Charter
governing its interpretation and application and with due regard to the
explanations referred to in the Charter, that set out the sources of those
provisions.
2. The Union shall accede to the European Convention for the Protection
of Human Rights and Fundamental Freedoms. Such accession shall not
affect the Union's competences as defined in the Treaties
3. Fundamental rights, as guaranteed by the European Convention for
the Protection of Human Rights and Fundamental Freedoms and as they
result from the constitutional traditions common to the Member States,
shall constitute general principles of the Unions law.
 Co-operation
May 2007 MoU between the EU and
the CoE