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

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