Subsidiary powers

Article 352 of the Treaty on the Functioning of the European Union (TFEU) contains a rule allowing the European Union (EU) to adopt appropriate measures when, according to the treaties, it lacks competence.

Article 352 TFEU may only be used as a legal basis when:

• the action envisaged is necessary to attain an EU objective, in the context of the policies defined by the treaties (except for the common foreign and security policy);
• the action by the EU has been proved to be necessary;
• no provision in the treaty provides for action to attain the objective;
• the envisaged action does not extend the EU’s powers beyond those provided for by the treaties.

On a proposal from the European Commission, the Council of the European Union adopts acts based on Article 352 TFEU unanimously, following the consent of the European Parliament.

The Commission, using the procedure for controlling the respect of the principle of subsidiarity provided by Article 5 of the Treaty on European Union and Protocol 2 to the TFEU, must draw national parliaments’ attention to initiatives taken based on Article 352 TFEU.

SEE ALSO

• Council of the European Union
• Division of competences
• European Commission
• European Parliament
• European Union
• Institutional balance
• Member States
• National parliaments and EU decision-making
• Principle of subsidiarity
• Treaties
• Treaty on European Union (TEU) (summary)
• Treaty on the Functioning of the European Union (TFEU) (summary).