Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 21 July 2019

Abstract and Keywords

What constitutional principles govern Union competences? Article 5 TEU identifies three constitutional principles: conferral; subsidiarity; and proportionality. The principle of conferral concerns the (limited) existence of Union competences. These competences are limited in two ways. Quantitatively, they will be confined by a—limited—material scope; qualitatively, they might be limited to a particular type of intervention. In contrast to the principle of conferral, the principles of subsidiarity and proportionality do not concern the existence of legal competence but only limit its exercise. According to the principle of subsidiarity, the Union must show that it is better able to solve a social problem than the Member States; whereas the proportionality principle generally insists that Union action must not exceed what it necessary to achieve a Union objective. This chapter analyses each of the three constitutional principles governing Union competences and the conceptual relations between them.

Keywords: competence, teleological interpretation, competence-competence, competence categories, subsidiarity, proportionality

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.