Reading Notes Seminar 3-EU Law, Lecture notes of European Union law

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3/8/25, about:blank 33 AM *TWO MAIN OBJECTIVES of driving reform in this area: Reading Notes Seminar 3 Reading Notes Seminar 3 1. clarity re the scope of EU competence 2. THE RETAINMENT /CONTAINMENT of EU power General principle= the EU only has the competence conferred by the treaties = attributed competence Existence/scope of EU competence was a key element to the reforms of the Lisbon Treaty PRIOR TO LISBON: ~ EU competence resulted from the interaction of four variables: - 1. Member State choice as to the scope of EU competence, as expressed in Treaty revisions; 2. Council and European Parliament acceptance of legislation that fleshed out the Treaty Articles; 3. the jurisprudence of the EU Courts; 4, decisions taken by the institutions as to how to interpret and prioritize the power accorded to the EU Exclusive compete ~ Only the union can legislate an adopt legally binding acts - Member states can only do so if empowered by the union/the implementation of union acts = EU has exclusive competence to make an international agreement Shared competence: Art (2) TEEU defines shared competence: “the member states shall exercise their competence to the extent that the union has not exercised its competence” - National rules in certain areas mist be exercised in accordance with the four freedoms - Preemption only occurs to the extent that the EU has exercised its competence in the relevant area. - _ Pre-emption = when EU law takes precedence over national law *This principle ensures the uniform application and effectiveness of EU law across all member states. It helps to create a harmonized legal framework within the EU and promotes the integration and functioning of the European Union as a whole. 12