Exclusive jurisdiction (European Union)
In matters of the exclusive competence of the European Union , the European Union is entitled to enact legislative acts . According to Article 2 (1) TFEU, the member states are only entitled to legislate on these matters if they have been expressly authorized by the European Union to do so or if the laws of the member states only serve to implement a legislative act of the European Union.
In Article 3 (1) TFEU, the following areas belong to the exclusive competence of the European Union:
- European Customs Union ,
- Definition of the competition rules necessary for the functioning of the European internal market ,
- Monetary policy for the member states whose currency is the euro ,
- Conservation of marine biological resources within the framework of the common fisheries policy ,
- common commercial policy .
According to Art. 3 (2) TFEU, the European Union also has exclusive competence to conclude international agreements if
- the conclusion of such an agreement is provided for in a legislative act of the Union,
- if the conclusion is necessary so that the European Union can exercise its internal competence, or
- insofar as the conclusion could affect existing common rules in the European Union or change their scope.
The predominant competences of the European Union do not belong to the exclusive competence, but to the shared competence of the European Union.
The exclusive competence corresponds to the exclusive legislation in the German Basic Law .
Individual evidence
- ↑ Division of responsibilities within the European Union on the European Union website, accessed on March 28, 2014
