Question 1

When the EU has exclusive competence in a particular area this means that:&#10;A) Member States are prevented from acting unilaterally or collectively in that area, irrespective of whether or not the EU has already acted, unless the EU has explicitly authorised them to implement certain measures.&#10;B) Member States are allowed to act within the limitations imposed by the Treaties as long as the EU is inactive or ceases to be active&#10;C) Only the EU is allowed to act but this is subject to the principles of subsidiarity and proportionality.

Accepted Answer

When the EU has exclusive competence in a particular area, Member States are prevented from acting unilaterally or collectively in that area, unless the EU has explicitly authorised them to implement certain measures. This means that the EU has the sole power to legislate and adopt legally binding acts in that area.

Question 2

What is meant by the term exclusive competence of the EU?&#10;A) This term refers to those policy areas which remain solely within the competence of the Member States.&#10;B) This term refers to those competences which are exclusive to the Commission.&#10;C) This term refers to those competences which are exclusive to the EU.

Accepted Answer

The term "exclusive competence of the EU" refers to those policy areas where the EU has the exclusive authority to legislate and adopt legally binding acts that are applicable in all Member States. This means that Member States cannot act in these areas without the EU's authorization. Examples of such areas include trade policy, customs union, competition rules, and policies on the conservation of marine biological resources.

Question 3

Which of the following areas are within the exclusive competence of the EU?&#10;A) The Common Commercial Policy&#10;B) Consumer protection&#10;C) Tourism

Accepted Answer

The Common Commercial Policy is an area of exclusive competence of the EU according to Article 3 of the Treaty on the Functioning of the European Union (TFEU). This means that only the EU can legislate in this area and member states cannot act unilaterally.

Consumer protection and tourism are not exclusively within the competence of the EU. Consumer protection is a shared competence between the EU and member states (Article 4 TFEU), and tourism is a supporting competence where the EU can take action to promote and coordinate activities in this area but member states still have primary responsibility (Article 6 TFEU).

Question 4

The principle of conferral entails that:&#10;A) The EU may only exercise competences conferred on it by the Treaties to attain objectives set out therein&#10;B) The EU can only legislate if certain objectives set out by the Treaties cannot be attained by the Member States, and only if the EU can attain them with greater efficiency than the Member States&#10;C) The EU

Accepted Answer

The principle of conferral is a fundamental principle of EU law, which states that the EU may only exercise competences that have been conferred on it by the Member States through the Treaties. The EU can only act within the limits of the competences conferred upon it by the Member States, and it cannot go beyond what is necessary to achieve the objectives set out in the Treaties.

Question 5

The main role of the flexibility clause contained in Article 352 TFEU is that:&#10;A) It allows for the adoption of measures having as their object the improvement of the conditions for the establishment and functioning of the internal market&#10;B) It allows the Union&#10;C) It allows the Member States to exercise competences exclusive to the EU when the EU has ceased to exercise them.

Accepted Answer

The flexibility clause contained in Article 352 TFEU allows the Union to take action in areas not explicitly covered by the EU treaties, as long as it does not have the power to legislate. This allows the EU to respond to new challenges or issues that arise, while respecting the limits of its powers as defined in the treaties.

Deck 6: Competences of the EU