PART III COMPETENCE CH 4 SUPPORTINGCOMPLEMENTARYCOORDINATING COMPETENCE Art

PART III – COMPETENCE CH. 4 –SUPPORTING/COMPLEMENTARY/COORDINATING COMPETENCE • Art. 2. 5 TFEU • Not EU harmonization but still important (legislative) power • Art. 6 TFEU + other areas not identified therein

PART III – COMPETENCE CH. 5 –SUI GENERIS COMPETENCE • Economic, employment and social policy + CFSP • Art. 2. 3 and 2. 4 TFEU • Art. 5. 1 and 5. 2 TFEU

PART III – COMPETENCE CH. 6 –IMPLIED COMPETENCE AND FLEXIBILITY • Implied competence: Art. 352 TFEU • Flexibility: Art. 114 TFEU

PART IV – THE EU LEGAL ORDER AND THE HIERARCHY OF NORMS CH. 1 –GENERAL REMARKS AND ART. 288 TFEU • Three main issues ü Secondary legislative acts + international agreements ü Secondary non legislative acts ü Hierarchy of norms, including the general principles of law • Art. 288 TFEU ü 3 legislative acts + 2 non legislative ü International agreements + other non legislative acts ü What kind of hierarchy? ü Interaction amongst acts ü Express indication of the required act or Art. 296. 1 TFEU

PART IV – THE EU LEGAL ORDER AND THE HIERARCHY OF NORMS CH. 2 – LEGISLATIVE ACTS • Art. 289 TFEU • Legislative acts: legal acts adopted following a legislative procedure üCrucial role attributed to the procedure üOrdinary (legislative) procedure + special (legislative) procedures üFormal (rather than substantial) requirements

PART IV – THE EU LEGAL ORDER AND THE HIERARCHY OF NORMS CH. 3 – REGULATIONS • Art. 288 TFEU • Binding in their entirety, with general application and directly applicable in all MS • General application: what does it mean? ü Carpak ü Addressed to abstract categories of persons, not to identified persons (though number and identity may be determined) • Directly applicable: what does it mean? ü From the date that they enter into force, regulations automatically form part of MS domestic legal orders ü MS must comply with regulations, even change their laws ü Direct effect • Into force: on a date which they lay down or on the 20 th day following their publication in the Official Journal

PART IV – THE EU LEGAL ORDER AND THE HIERARCHY OF NORMS CH. 4 –DIRECTIVES • Art. 288 TFEU • Binding? ü Results vs form/methods ü In force and deadline for implementation (after publication) • Three differences from regulations: not general application (never addressed to individuals) + not always addressed to all MS + not directly applicable (being not binding in their entirety) • Harmonization • Individuals ü (Vertical) Direct effect if unconditional and sufficiently clear and precise + not transposed or transposed incorrectly or

PART IV – THE EU LEGAL ORDER AND THE HIERARCHY OF NORMS CH. 5 – DECISIONS • Art. 288 TFEU • Binding in their entirety and directly applicable • Notification • Addressees: MS or private parties or generic ü Generally applicable? It depends • Direct effect? It depends ü Decision specifically addressed ü Decision not specifically addressed

PART IV – THE EU LEGAL ORDER AND THE HIERARCHY OF NORMS CH. 6 –DELEGATED ACTS AND IMPLEMENTING ACTS • Two acts below legislative acts post Lisbon Treaty • Delegated acts (new): Art. 290 TFEU ü Legislative in nature (not procedurally) because of general application ü Content, scope and duration in the legislative act ü Amending or supplementing non essential elements of legislative acts ü Subject to a set of conditions • Implementing acts (new implementing power to the Commission, besides the Council): Art. 291 TFEU ü Pursuant to legislative or delegated acts ü Setting out uniform application for implementing EU