EU COMPETENCE: 3 types of EU competences: Exclusive Only EU can enact legislation, MS can do so only if they are empowered by the union Shared EU an MS, MS will exercise competence to the extent that the Union has ceased to exercise its competence Complementary MS. Union can help, support or coordinate the actions of MS. Areas of Exclusive competence: Article 3 TFEU Customs union Establishing of the competition rules necessary for the functioning of the internal market Monetary policy for MS whose currency is the euro Conservation of marine biological resources under the common fisheries policy Common commercial policy Areas of Shared competence: Article 4 TFEU Internal market o Art 26 TFEU compromise of an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions Social policy, for aspects defined in this treaty Economic, social and territorial cohesion
Agriculture and fisheries, excluding the conservation of marine biological resources Environment Consumer protection Transport TransEuropean networks Energy Area of freedom, security and justice Common safety concerns in public matters, for aspects defined in this treaty. Complementary competence: Article 6 TFEU Tourism Culture Education Competence Creep Persistent Problems Openended provisions in the treaties can lead to the institutions over stepping. See Case C376/98 Germany v European Parliament and Council