Competences of the European Union
Distribution of competences in the European Union is the system by which powers and responsibilities are allocated between the European Union and its member states. Under the EU's founding treaties, the Union may act only within the limits of competences conferred upon it by the member states, while all remaining powers are retained by the member states.
Upon entry into force in 2009, the Treaty of Lisbon clarified and codified the main categories of Union competence, commonly grouped as exclusive, shared, and supporting, coordinating or supplementing competences. This new system replaced the former pillar system.
Outline
Legal basis
The distribution of competences is principally based on the Treaty on European Union and the Treaty on the Functioning of the European Union. In addition to the principle of conferral, EU action in areas that are not exclusive is governed by the principles of subsidiarity and proportionality.Categories of competence
The treaties distinguish between different types of competence. A navigational overview of the principal treaty-listed policy areas is provided in the template at the bottom of this article.Exclusive competence
In areas of exclusive competence, only the EU may legislate and adopt legally binding acts; member states may do so only if empowered by the EU or for the implementation of EU acts.Examples commonly cited include the customs union and the common commercial policy.
Shared competence
In areas of shared competence, both the EU and member states may legislate. However, member states may exercise their competence only to the extent that the EU has not exercised its own or has chosen to cease exercising it.Shared competence covers major domains of EU law and policy, including the internal market and environmental policy.
Supporting, coordinating or supplementing competence
In certain areas, the EU may only support, coordinate or supplement member state action, and may not harmonise national laws in those fields.This competence is often exercised through non-binding measures, coordination mechanisms, and funding programmes.