Information
The European Union (EU) does not have inherent power to introduce laws or policies. That means it can make and implement decisions only in those areas in which the governing treaties give it power. National governments do have inherent powers to make laws. For example, the Irish government may introduce laws in any matter unless it is specifically prevented from doing so by the Constitution of Ireland. The treaties give the EU power to make laws and policies in certain areas and they allow for co-operation with or support for national governments in other areas.
The Treaty of Lisbon lists the areas in which:
- The EU has exclusive competence – this means that the decisions must be made at EU level and not at national government level
- The EU and national governments have joint competence
- The national governments have exclusive competence but the EU may support and help to co-ordinate.
EU competence
The EU is exclusively responsible for:
- Customs Union
- Establishment of competition rules necessary for the functioning of the internal market
- Monetary policy for member states which use the euro
- Conservation of the biological resources of the sea as part of the common fisheries policy
- Common trading policy
- The conclusion of an international agreement when this is within the framework of EU legislation or when it is necessary to help the EU exercise an internal competence or if there is a possibility of the common rules being affected or of their range being changed.
Joint competence of EU and member states
The EU and the member states are jointly responsible for:
- Internal market
- Social policy with regard to specific aspects defined in the Treaty
- Economic, social and territorial cohesion
- Agriculture and fisheries except for the conservation of the biological resources of the sea
- Environment
- Consumer protection
- Transport
- Transeuropean networks
- Energy
- Area of freedom, security and justice
- Joint security issues with regard to aspects of public health
- Research, technological development and space
- Development cooperation and humanitarian aid.
Member states’ exclusive competence
The member states have exclusive competence in:
- Protection and improvement of human healthcare
- Industry
- Culture
- Tourism
- Education, professional training, youth and sport
- Civil protection
- Administrative co-operation.
The EU may provide support and co-ordination for the European aspects of these areas but this cannot include harmonisation.
The EU has no competence in any area that is not mentioned in the treaties.
Specific arrangements
There are specific arrangements in the treaties for the co-ordination of economic and employment policies. Common foreign and security policy is also governed by a special system.
New areas of competence
The Lisbon Treaty gives the EU competence in new areas. None of these is an area of exclusive competence.
- Joint competence: New areas include space and energy
- Member states competence but the EU may provide support: new areas include civil protection, intellectual property, tourism, administrative co-operation and sport.
