Article 12: Competences

From Wikitution

The limits of Union competences are governed by the principle of conferral. The Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon the Union in the Constitution remain with the Member States.

1. The Union shall have exclusive competence in the following areas:

1. customs union
2. guaranteeing the free movement of products, services, persons and capital in the internal market
3. the establishing of the competition rules necessary for the functioning of the internal market
4. monetary policy for the Member States whose currency is the euro
5. the conservation of marine biological resources under the common fisheries policy
6. common commercial policy

2. The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or insofar as its conclusion may affect common rules or alter their scope.

3. The Union can support and coordinate the activities of the Member States in the following principal areas.

1. internal market
2. social policy, for the aspects defined in Part III;
3. economic, social and territorial cohesion;
4. agriculture and fisheries, excluding the conservation of marine biological resources;
5. border-crossing environmental issues;
6. consumer protection;
7. transport;
8. trans-European networks;
9. energy;
10. area of freedom, security and justice;
11. common safety concerns in public health matters
12. research, technological development and space
13. development cooperation and humanitarian aid
14. common foreign and security policy
15. economic and employment policy

Union Legislation based on these areas of competence requires explicit approval by the Congress of Member States, acting on a double majority of both members and national delegations.

4. Member State competences

The Member States or their constituent parts have exclusive responsibility for all other areas of legislation, among which:

1. protection and improvement of human health;
2. industry;
3. culture;
4. tourism;
5. education, youth, sport and vocational training;
6. civil protection;
7. administrative cooperation
8. taxation
9. pensions
10. local environmental protection

The Union shall levy no taxes unless approved by a two-thirds double majority in the Parliament, the Senate and by a simple double majority in the Congress of Member States.

Back to En:Economist2000Thread