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.

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