Airstrip One

The Second Draft (part 3)

Title III: The Union's Competences

Article 8: Fundamental Principles

1. The limit and use of Union competences are governed by the principles of conferral, subsidiarity, proportionality and loyal cooperation. Loyal cooperation!? Sounds very prescriptive.

2. In accordance with the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Constitutionto attain the objectives the Constitution sets out. Competences not conferred upon the Union by the Constitution remain with the Member States.

3. In accordance with the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofaras the objectives of the intended action cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale or the effects of the proposed action, be better achieved at Union level.

4. In accordance with the principle of proportionality, the scope and form of Union action shall not exceed what is necessary to achieve the objectives of the Union.

5. In accordance with the principle of loyal cooperation, the Union and the Member States shall, in full mutual respect, assist each to carry out tasks which flow from the Constitution.

Notice how the presumption of power lies with the Union, not with the Member States.