Law-ref.org TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
Site search
Sister sites

exclusive competence [Global Index]


ARTICLE-I-11: Fundamental principles     [go to this ARTICLE]
... Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. ...


ARTICLE-I-12: Categories of competence     [go to this ARTICLE]
... When the Constitution confers on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts. ...


ARTICLE-I-13: Areas of exclusive competence     [go to this ARTICLE]
... Areas of exclusive competence ...
... The Union shall have exclusive competence in the following areas: ...
... 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. ...


... Member States which wish to establish enhanced cooperation between themselves in one of the areas covered by the Constitution, with the exception of fields of exclusive competence and the common foreign and security policy, shall address a request to the Commission, specifying the scope and objectives of the enhanced cooperation proposed. The Commission may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so. ...