European Union, EU competences, member state sovereignty, intergovernmental decision-making, exclusive competences, shared competences, national law primacy, European Council
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Abstract
The EU operates on attributed competences, with member states retaining sovereignty, particularly in areas like defense and taxation.
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[...] The European Council, composed of the heads of state or government of the member states, is the supreme instance of the political orientation of the European Union. It does not legislate, but it has the power to define the major priorities and political impulses of the EU. Its decisions, often taken by consensus, reflect the intergovernmental nature of the Union, where national interests are predominant. This process illustrates the intergovernmental nature of the EU, where member states retain a central role in decision-making. Specific decision-making procedures: enhanced cooperation and bridge clauses. [...]
[...] In the context of shared competences, the European Union and Member States can both legislate and adopt legally binding acts. These competences extend to as diverse areas as the environment, transport, or social security and consumer protection. This shows that, although the EU has certain prerogatives, Member States retain their sovereignty, particularly because they must unanimously accept any change to the treaty and because European citizenship is added to national citizenship without replacing it. This sharing of competences illustrates how the EU respects the sovereignty of Member States while acting together to achieve common goals. [...]
[...] Limitation of EU competences and sovereignty of member states The EU operates on the principle of attributed competences, meaning it can only act in areas where member states have transferred powers to it through treaties. There is a system of competence repair that limits the EU's competences in certain areas. Furthermore, lthe primacy of national law in the regalian domains significantly limits the competence of the EU. The limits imposed on the EU's competences by the distribution of competences. There are essentially exclusive competences and shared competences. [...]
[...] The distribution of competences between the European Union and the Member States, https://www.touteleurope.eu/fonctionnement-de-l-ue/la-repartition-des-competences-entre-l-union-europeenne-et-les-etats-membres/. 2. Distribution of competences within the European Union - EUR-Lex, https://eur-lex.europa.eu/legal-content/FR/TXT/HTML/?uri=URISERV:ai0020. 3. National sovereignty vs European Union - Touteleurope.eu. https://www.touteleurope.eu/fonctionnement-de-l-ue/souverainete-nationale-vs-union-uropeenne-3-minutes-pour-comprendre/. 4. How decisions are taken within the European Union, https://www.vie-publique.fr/fiches/20346-comment-sont-prises-les-decisions-au-sein-de-lunion-europeenne. 5. Is the European Union a federal model? - Les Yeux du Monde. https://les-yeux-du-monde.fr/actualites-analysees/europe/17876-lunion-europeenne-est-elle-modele. [...]
