EU competences in the fields of health and health care - Treaty provisions that might affect health and health care - EU compétences and the principle of conferred powers
3 important questions on EU competences in the fields of health and health care - Treaty provisions that might affect health and health care - EU compétences and the principle of conferred powers
How does the EU have competences? And explain the principle of conferred powers.
The need for explicit legal basis provisions granting competences in a certain field:
- EU can only act when competences are explicitly attributed to the EU = principle of conferral of powers
What are the nuances on the principle of conferral of powers?
1) Notion of implied competence
2) Shared competence with the MS
= the EU can harmonize in this field as long as they comply with these two principles. When the EU has coordinative competences, the EU cannot adopt harmonizing measures.
3) Catch-all legal basis provision
- some goals are described broadly which can lead to implicit competences
- EU has margin of appreciation
2) Shared competence with the MS
- subsidiarity: what can be regulated at the national level, should be regulated there
- proportionality: EU cannot go further than necessary to reach the goal
= the EU can harmonize in this field as long as they comply with these two principles. When the EU has coordinative competences, the EU cannot adopt harmonizing measures.
3) Catch-all legal basis provision
- the EU institutions do not have exclusive competences regarding health
From when dates the last constitutional reform? Explain
From the Lisbon treaty (2009)
- more competences were attributed to the EU
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