Issues

Europe’s powers

Signing of the Accession Treaty of the United Kingdom A summary of how sovereignty is shared between the EU and its member states.

Media coverage of the EU sometimes implies that Europe has power in every aspect of a country’s laws. The real division of power is more complex with some powers controlled by Brussels, some shared between the EU and national governments, and others exclusively held by member states.

On joining the European Union, member states transfer some powers to separate institutions, which are designed to protect the interests of the whole union. The Commission, the Council and the Parliament (see page 118) are the three most important institutions.

The Lisbon Treaty classifies the EU’s competences into four categories: exclusive, shared, supporting and special.

Exclusive competences are policy areas where only the EU can make legislation. Member states are then obliged to apply those laws unless an exception has negotiated. There are six of these areas:

• the common commercial policy;

• the common fisheries policy;

• competition rules for the internal market;

• the customs union;

• monetary policy (within the euro zone); and

• international agreements resulting from EU laws.

In shared competences, laws can be adopted by either the EU or its member states. However, member states can only make laws if the EU has not already done so. Eleven shared competences exist:

• agriculture and inland fisheries;

• consumer protection;

• economic, social and territorial cohesion;

• energy;

• the environment;

• freedom, security and justice;

• the internal market;

• public health and safety;

• social policy;

• trans-European networks; and

• transport.

Social policy, in this context, refers to health and safety at work, employment law and social security. ‘Freedom, security and justice’ covers border security, asylum and immigration, and co-operation in policing and justice.

Supporting competences are areas where only member states can make laws. The EU can only intervene to “support, co-ordinate or supplement” the work of member states in these seven areas:

• administrative co-operation;

• culture;

• education, vocational training, youth and sport;

• emergency planning;

• protection and improvement of human health;

• industry; and

• tourism.

The special competences cover economic and employment policies and the Common Foreign and Security Policy. In each case, the EU is responsible for co-ordinating the policies of member states. EU foreign and security policies are joint positions agreed by all 27 countries. Outside these agreements, national governments are free to pursue their own policies.

Sovereignty has been the basic dividing line between opponents and supporters of EU membership since Britain and Ireland signed their accession treaties in 1972. Euro-sceptics claim that nations have surrendered their powers to an unaccountable bureaucracy which imposes uniformity. Supporters of membership say that sharing national sovereignty helps to promote economic growth and ensure consistent standards.

The full text of the Lisbon Treaty is available at http://europa.eu/lisbon_treaty/index_en.htm

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