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 (e-mail: augustinfuerea@yahoo.com).
• Pages: 83-91

LESIJ NO. XXIII, VOL. 1/2016

BRIEF CONSIDERATIONS ON THE PRINCIPLES SPECIFIC TO

THE IMPLEMENTATION OF THE EUROPEAN UNION LAW

Augustin FUEREA

Abstract

The principles specific to the implementation of EU law have a s chara cteristic that th ey mark

the specificity of EU law in relation to other lega l orders, from national or inter national 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, proportionality or of sincere coopera tion.

Keywords: principles of EU la w, principle of subsidiarity, p rinciple of loyal cooper ation,

principle of proportiona lity.

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 specialty 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.

 Professor, Ph.D., Faculty of Law, „Nicolae Titulescu” University, Bucharest (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 pr inciples 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 per sonality and area s of competence according to the Trea ty of

Lisbon”, ESIJ no. 1/2010 („Lex ET Scientia International Journal”).

Under Article 5 of the Treaty on

European Union, “the demarcation of the

Union’s competences is governed by the

principle of conferral”. “Under the principle

of conferral, the Union can only act within

the limits of the competences conferred on it

by the Member States in the Treaties to

attain the objectives set o ut i n t hose

Treaties”. Competences not conferred upon

the Union in the Treaties remain with the

Member States”

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.