Community Powers

Community powers and the Treaties of the European Union

Description of Community powers provided by the European Union Commission: Community powers are those which are conferred on the European Union in specific areas by the Member States. The European Union is thus able to act only within the framework of the Treaties. There are three types of powers, which depend on the mode of attribution:

• Explicit powers: these are clearly defined in the Treaties.

• Implicit powers: where the European Community has explicit powers in a particular area (e.g. transport), it also has powers in the same field with regard to external relations (e.g. negotiation of international agreements).

• Subsidiary powers: where the Community has no explicit or implicit powers to achieve a Treaty objective concerning the single market, Article 308 allows the Council, acting unanimously, to take the measures it considers necessary.

One of the main innovations in the European Constitution currently being ratified is that it clarifies the powers of the Union. The Constitutional Treaty clearly specifies the areas in which the Member States have transferred their powers of action to the Union. It also establishes a classification of Union powers in the following categories:

• Exclusive powers: the highly specific matters where the Union acts alone on behalf of all its Member States. This category particularly concerns the customs union, the competition rules needed for the operation of the internal market, monetary policy and the common commercial policy.

• Shared powers: matters where the Union acts because its action contributes substantial value added to the action undertaken by the Member States. These include the internal market, economic, social and territorial cohesion, agriculture, fisheries, the environment, consumer protection, transport, energy and the area of freedom, security and justice.

• Supporting, coordinating or complementary powers: the Union acts here only to coordinate or complement the action undertaken by the Member States. This concerns matters such as the protection and improvement of human health, industry, culture, tourisms, education, youth, sport and vocational training.

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