Categories of competence
The Lisbon Treaty contains different categories of competence.
Exclusive Competence
Art. 3 TFEU defines as exclusive competences: competition rules within the internal market, the customs union, common commercial policy, monetary policy for Euro countries, the conservation of marine biological resources under the common fishing policy, and - under certain circumstances - the conclusion of international agreements. In these areas the Member States have no right to legislate on their own.
Shared Competence
Art. 4 TFEU defines as shared competences: the internal market, agriculture and fisheries, transport, trans-European networks, energy, certain areas of social policy, economic, social and territorial cohesion, environment, certain areas of public health, consumer protection and the area of freedom, security and justice. In these areas the Member States lose the right to legislate when the EU legislates. For research, technological development, and space, both the EU and the Member States may decide on programmes and take action.
For development co-operation and humanitarian aid the Union will have the competence to take action and conduct a common policy without preventing the Member States from exercising their competence.
Other competences
Art. 5 TFEU gives the EU co-ordinating powers for economic, employment and social policies and allows specific provisions to be decided for the Euro countries. Art. 6 TFU defines industry, education, vocational training and youth, culture, sport, civil protection and improvement of human health as “areas for supporting, coordinating and complementary action”. Art. 10-12 TEU empower the EU to act in the field of foreign and security policy. Paragraph 2 obliges the Member States to give active and unreserved support for the Union's common foreign and security policy.
The specific legal bases are inserted in the respective titles of the TEU and TFEU.
