Principles of the exercise of the European Union competences

Ciongaru, Emilian (2014) Principles of the exercise of the European Union competences. Acta Juridica Hungarica, 55 (2). pp. 127-134. ISSN 1216-2574

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Abstract

The fundamental principles involved in construction of the European Union are at the basis of establishing the prerogatives of the European Union and its Member States. The objective of this study is to present and analyze the evolution of matters that have been taken into account when delimiting the area of competence of the European Union in relation to Member States, as well as to determine the relationships between them, and furthermore establish the manners of settling potential misunderstandings as a result of the activities performed by their bodies. For this purpose, the evolutions of the constitutive treati es of the European Union have been studied, especially the Maastricht Treaty, as it was this one that established the initial distribution of prerogatives between the European Union and Member States. The results of the study consist in an analysis of the exercise of the Union’s prerogatives considering that, currently, through the amendments made to the Lisbon treaty a precise classification is made for the first time in the constitutive treaties, separating the main prerogatives into exclusive, joint and supporting prerogatives. The implications of this study include the forming of a general conviction regarding the fact that exercising the competences of the Union is governed by the principles of subsidiarity and proportionality as stated in Art. 5 of the Treaty on the European Union.

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