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Principle Of Conferral
The principle of conferral is a fundamental principle of European Union law. According to this principle, the EU is a union of its member states, and all its competences are voluntarily conferred on it by its member states. The Union has no competences by right, and thus any areas of policy not explicitly agreed in treaties by all member states remain the domain of the member states. This indicates that the member states have the right to deal with all matters that fall outside the agreements of the Treaties and the EU can only act within the conferred competences defined by the Member States in the treaties. This principle has always underpinned the European Union, but it was explicitly specified for the first time in the proposed and rejected Treaty establishing a Constitution for Europe. The principle carried over into its replacement, the Treaty on European Union (TEU). It is spelled out fully in Articles 4 and 5 Wikisource:Consolidated version of the Treaty on European Un ...
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European Union Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ...
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Political Union
A political union is a type of political entity which is composed of, or created from, smaller politics or the process which achieves this. These smaller polities are usually called federated states and federal territories in a federal government; they are called prefectures, regions, or provinces in the case of a centralised government. This form of government may be created through voluntary and mutual cession and is described as ''unionism'' by its constituent members and proponents. In other cases, it may arise from political unification, characterised by coercion and conquest. The unification of separate states which, in the past, had together constituted a single entity is known as ''reunification''. Unlike a personal union or real union, the individual constituent entities may have devolution of powers but are subordinate to a central government or coordinated in some sort of organization. In a federalised system, the constituent entities usually have inte ...
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Member State Of The European Union
The European Union (EU) is a political and economic union of Lists of member states of the European Union, 27 member states that are party to the EU's Treaties of the European Union, founding treaties, and thereby subject to the privileges and obligations of membership. They have agreed by the treaties to share their own sovereignty through the institutions of the European Union in certain aspects of government. State governments must agree unanimously in the Council of the European Union, Council for the union to adopt some policies; for others, collective decisions are made by qualified majority voting. These obligations and sharing of sovereignty within the EU (sometimes referred to as Supranational union, supranational) make it unique among international organisations, as it has established its own legal order which by the provisions of the founding treaties is Primacy of European Union law, both legally binding and supreme on all the member states (after Costa v ENEL, a land ...
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Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cann ...
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Treaties Of The European Union
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory. Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992, The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community i.e. The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first s ...
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European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ...
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Treaty Establishing A Constitution For Europe
The Treaty establishing a Constitution for Europe (TCE; commonly referred to as the European Constitution or as the Constitutional Treaty) was an Ratification, unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing Treaties of the European Union, European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded Qualified Majority Voting, qualified majority voting into policy areas which had previously been decided by unanimity among member states. The Treaty was signed on 29 October 2004 by representatives of the then 25 Member state of the European Union, member states of the European Union. It was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg. However, the rejection of the document by French and Dutch voters in May and June 2005 brought the ratification process to an end. Following a peri ...
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Treaty On European Union
The Treaty on the European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU forms the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions (such as the Commission, Parliament, and Council), as well as the rules on external, foreign and security policy. History While the current version of the TEU entered into force in 2009, following the Treaty of Lisbon (2007), the older form of the same document was implemented by the Maastricht Treaty (1992). Provisions After the preamble the consolidated treaty text is divided into six parts. Title I: Common Provisions The first deals with common provisions. Article 1 establishes the European Union, formally replacing the European Community, declares a "process of creating an ever closer union among the peoples of Europe", and lays out the legal value of the treaties. Article 2 st ...
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Consolidated Version Of The Treaty On European Union/Title I: Common Provisions
Consolidated may refer to: Companies *Consolidated Aircraft, an American aircraft manufacturer active 1923–1943 *Consolidated Communications, an American broadband and business communications provider *Consolidated Edison, an American energy company that traces its lineage to 1823 *Consolidated Foods, an American food company later known as Sara Lee Corporation * Consolidated Papers, Inc., an American paper manufacturer active during the 20th century *Consolidated Railway (other), several American railroads *Consolidated Steel Corporation, an American steel and shipbuilding business formed in 1929 *Consolidated Stock Exchange of New York, active 1885–1926 Other uses *Consolidated (band), American radical activist music group formed in 1989 **''¡Consolidated!'', a 1989 EP by the group *Consolidated city-county, a form of local government in the United States *Consolidated financial statement *Consolidated rental car facility *Consolidated school or school district; see ...
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Tenth Amendment To The United States Constitution
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement. The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people. The amendment, with origins before the American Revolution, was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of Anti-Federalists, who opposed the creation of a stronger federal government. The purpose of this amendment is to reaffirm the principles of federalism and reinforce the ...
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Devolution
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area, thus granting them a higher level of autonomy. Devolution differs from federalism in that the devolved powers of the subnational authority may be temporary and are reversible, ultimately residing with the central government. Thus, the state remains '' de jure'' unitary. Legislation creating devolved parliaments or assemblies can be repealed or amended by central government in the same way as any statute. In federal systems, by contrast, sub-unit government is guaranteed in the constitution, so the powers of the sub-units cannot be withdrawn unilaterally by the central government (i.e. not without the process of constitutional amendment). The sub-units therefore have a lower d ...
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Subsidiarity (European Union)
In the European Union, the principle of subsidiarity is the principle that decisions are retained by Member States if the intervention of the European Union is not necessary. The European Union should take action collectively only when Member States' individual power is insufficient. The principle of subsidiarity applied to the European Union can be summarised as "Europe where necessary, national where possible". Subsidiarity is balanced by the primacy of European Union law. The principle of subsidiarity is premised from the fundamental EU principle of conferral, ensuring that the European Union is a union of member states and competences are voluntarily conferred by Member States. The conferral principle also guarantees the principle of proportionality, establishing that the European Union should undertake only the minimum necessary actions. The principle of subsidiarity is one of the core principles of the European law, and is especially important to the European intergove ...
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