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Glossary of summaries

Division of competences

The Treaty of Lisbon clarifies the division of competences (powers) between the European Union (EU) and its Member States.

Alongside the principles of subsidiarity (where the EU may act only if – and in so far as – the objective of a proposed action cannot be sufficiently achieved by the Member States, but could be better achieved at the EU level) and of proportionality (where the content and scope of EU action may not go beyond what is necessary to achieve the objectives of the treaties), is the principle of conferral (Article 5 of the Treaty on European Union). The principle of conferral means that the EU can only act within the limits of the competences that have been conferred upon it by the EU treaties.

The division of competences is set out in Article 2 of the Treaty on the Functioning of the European Union (TFEU) and further specified in Articles 3–6. There are three types of competences.

  • Exclusive (Article 3 TFEU). Only the EU can act in these areas, for example the customs union and trade policy.
  • Shared between the EU and EU Member States (Article 4 TFEU). Member States can act only if the EU has chosen not to, for example in the transport, cohesion policy, energy and environment areas. Member States may ask the European Commission to repeal an adopted legislative act in one of the shared areas, so as to ensure better compliance with the principles of subsidiarity and proportionality (Declaration No 18 annexed to the Treaty of Lisbon).
  • The EU can support, coordinate or supplement Member States’ actions (Article 6 TFEU), for example in the culture and tourism areas. In these areas, the EU may not adopt legally binding acts that require the Member States to harmonise their laws and regulations.

The EU can take measures to ensure that Member States coordinate their economic, social and employment policies at the EU level (Article 5 TFEU).

The EU’s common foreign and security policy is characterised by specific institutional features. The policy is defined and implemented by the European Council and by the Council of the European Union, with only limited roles for the European Parliament and the Commission. The President of the European Council and the High Representative of the Union for Foreign Affairs and Security Policy represent the EU in matters relating to the common foreign and security policy.

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