Page 130 - SEVEN STEPS for COMPREHENDING the EUROPEAN UNION

129

As has been explained above, the EU treaties specify those
instances in which EU legislation can be adopted by the EU, the EU’s
member states, or the EU and its members together. Further, we will
explore all three options but before, let us discuss the three main
principles upon which the EU law-making process rests:
- “Conferral principle:” The EU acts strictly within the
competences, which have been conferred to it by the EU
treaties.
- “Proportionality principle:” The principle keeps the EU actions
within certain limits; namely, the EU may exercise its powers
only for achieving EU objectives.
- “Subsidiarity principle:” The principle is applied in those
areas in which the EU does not have an exclusive competence.
The Treaty on the EU specifies the conditions under which
EU actions would be preferable to those which EU member
states may take.
Based on the above principles, the spheres of exclusive EU
competence are: the Customs Union, competitiveness regulations for
the single market, the monetary policy in Eurozone member states,
trade issues including international trade and the EU common fishery
policy.

The areas in which the EU and its member states may legislate
together are: the EU single market, employment and social policy;
economic, social and territorial equality (EU sustainable goals),
agriculture, fishery, the environment, consumer protection, transport,
trans-European transport and energy networks, energy, security and
justice, healthcare, scientific research and space, cooperation for
development and humanitarian aid.

The sectors in which only EU states may legislate and the EU may
play an assisting or coordinating role are: industry, culture, tourism,
education, sport and youth, civil protection and administrative
cooperation.