Brief considerations on the principles specific to the implementation of the European Union Law

• Author: Augustin Fuerea
• Position: Professor, Ph.D., Faculty of Law, 'Nicolae Titulescu' University, Bucharest
• Pages: 49-56

LESIJ NO. XXI, VOL. 1/2014

BRIEF CONSIDERATIONS ON THE PRINCIPLES SPECIFIC TO

THE IMPLEMENTATION OF THE EUROPEAN UNION LAW

Augustin FUEREA*

Abstract

The pr inciples specific to the implementation of EU law have as cha racteristic that they mark the

specificity of EU la w in relation to other lega l orders, from na tional or international point of view.

These principles include the principle of conferral, with multiple consequences on the entire EU system,

but also the principle of subsidiar ity, proportiona lity or of sincere cooperation.

Keywords: principles of EU law, principle of subsidiarity, principle of loyal coopera tion,

principle of propor tionality

1. The principle of conferral*

1

Under the provisions of the Treaties,

each institution shall act within the li mits of

prerogatives conferred on it by these

Treaties.

The principle of conferral can be

understood as a transfer into European

Union law, of the spec ialty principle of

international organizations. This stems from

the fact that, like all international

organizations, the European Union is an

entity established by the Member States and

does not share with them, the quality of

original subject of international law.

Under Article 5 of the Treaty o n

Europeană Union,ă “theă demarcationă ofă theă

Union’să competencesă isă governedă byă the

principleăofăconferral”.ă“Underătheăprincipleă

* Professor, Ph.D., FacultyăofăLaw,ă„NicolaeăTitulescu”ăUniversity,ăBucharestă(e-mail: augustinfuerea@yahoo.com).

1

Legal basis:

- Statement no. 24: The Union is not authorized „in any way to legislate or to act beyond the competences conferred

upon it by the Member States in the Treaties”.

- Article 5 TEU paragraphs (1) and (2): „(1) The demarcation of the Union’s co mpetences is governed by the

principle of conferral. The exercise of these competences is governed by the principles of subsidiarity and

proportionality.

(2) Under the principle of conferral, the Union ca n act only within the limits of the competences conferred on it by

the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union

in the Treaties remain with the Member States”.

2

For details, see Augustin Fuerea, „EU legal personality and areas of competence according to the Treaty of

Lisbon”,ăESIJăno.ă1/2010ă(„LexăETăScientiaăInternationalăJournal”).

of conferral, the Union can only act within

the limits of the competences conferred on it

by the Member States i n the Treaties to

attain the objectives set out in those

Treaties”.ăCompetencesă notăconferredă upon

the Union in the Treaties remain with the

MemberăStates”

2

.

Regarding the importance of the

principle of conferral, it is determined by the

types of competences covered in the EU

treaties. In this respect, the nature and

characteristics of competences will

influence the process of their conferral.

Thus, we can distinguish two situations. In

the first case, EU competences do not

replace state competences. They remain, but

will be framed by rules of law originating in

theă EU.ă Ină thisă situation,ă theă Union’să

institutions have the task to exercise a