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Article 5 TEU 3 Principles 

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Limits of union competences are governed by the principle of conferral. o Limits the existence of union of competences in two ways  quantitatively; a limited material scope  Qualitatively: particular competence type determine the legal ability of the Union to act within such a material field Use of union competences are governed by the principles of subsidiarity and proportionality o Limits the use of union competences o Principles of subsidiarity; ‘the union must act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the member states, either at central level or at regional and local level, but can rather by reason of the scale or effects of the proposed action, be better achieved at union level’ o Principle of proportionality: ‘the content and form of union action shall not exceed what is necessary to achieve the objectives of the treaties’ Art. 5(4) TEU Principle of conferral: “under the principle of conferral, the union shall act only within the limited of the competences conferred upon it by the member states in the treaties to attain the objectives set out therein. Competences not conferred upon the Union in the treaties remain with the member states.’ Art. 5(2) o The idea that member states retain those competences not conferred upon the union is misleading as; o the union has historically been able to significantly expand its competences into policy areas that were not expressly mentioned in the treaties  Extensive use of general competences have meant that the union has come to enjoy a competence to expand its own competences  Rise of teleological interpretation  union and member states share their competences in such a way that they may both act in a field in which the union is competent to act...