Principle of conferral
Encyclopedia
The principle of conferral is a fundamental principle of European Union law
. According to this principle, the EU is a union of member states, and all its competences
are voluntarily conferred on it by its member states. The EU has no competences by right, and thus any areas of policy not explicitly agreed in treaties by all member states remain the domain of the member states.
This principle has always underpinned the European Union
, but it was explicitly specified for the first time in the failed Treaty establishing a Constitution for Europe
and carried over into its replacement, the Treaty on the Functioning of the European Union.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
. According to this principle, the EU is a union of member states, and all its competences
Competence (law)
In American law, competence concerns the mental capacity of an individual to participate in legal proceedings. Defendants that do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify...
are voluntarily conferred on it by its member states. The EU has no competences by right, and thus any areas of policy not explicitly agreed in treaties by all member states remain the domain of the member states.
This principle has always underpinned the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, but it was explicitly specified for the first time in the failed Treaty establishing a Constitution for Europe
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
and carried over into its replacement, the Treaty on the Functioning of the European Union.
See also
- Tenth Amendment to the United States ConstitutionTenth Amendment to the United States ConstitutionThe Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
- DevolutionDevolutionDevolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
- SubsidiaritySubsidiaritySubsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority. The Oxford English Dictionary defines subsidiarity as the idea that a central authority should have a subsidiary function, performing only those tasks which...