Shared competence (European Union)
In matters of shared competence of the European Union , the European Union is entitled to enact legislative acts . If it does not make use of this right, the Member States are responsible for these matters in accordance with Article 2 (2) TFEU .
In Art. 4 Abs. 2 TFEU the European Union in the main areas
- European single market ,
- Social policy with regard to the aspects mentioned in the Treaty on the Functioning of the European Union ,
- economic, social and territorial cohesion ,
- Agriculture and fishing , excluding the conservation of marine biological resources,
- Environment ,
- Consumer protection ,
- Traffic ,
- trans-European networks ,
- Energy ,
- Area of freedom, security and justice ,
- common security concerns in the field of public health with regard to the aspects mentioned in the Treaty on the Functioning of the European Union
shared responsibility.
The Union also has competences outside of these main areas, for example to enact anti-discrimination provisions . According to Art. 4 (1) TFEU, all competences of the European Union are to be included in the shared competence, unless they expressly belong to the exclusive competence of the European Union under Art. 3 TFEU or it is only authorized to coordinate under Art. 6 TFEU.
The shared competence corresponds to the competing 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
- ↑ Daniel Scharf telc.jura The order of competence in the Treaty of Lisbon - On the future of Europe: The European Union after the Treaty of Lisbon
