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Topic: Principle of conferral


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In the News (Mon 19 Aug 19)

  
  Principle
Pauli exclusion principle The Pauli exclusion principle is a 1925.
Principle of conferral The principle of conferral is a fundamental principle of European Union law.
Principle of relativity In general, the principle of relativity is the requirement that the frame of reference of an imp...
www.brainyencyclopedia.com /topics/principle.html   (1107 words)

  
 Treaty establishing a Constitution for Europe - Wikipedia, the free encyclopedia
This is the principle of subsidiarity, and is based on the legal and political principle that governmental decisions should be taken as close to the people as possible while still remaining effective.
They also argue that key principles enshrined in the constitution, such as the principles of conferral and subsidiarity, are designed to reinforce the status of member states as cooperating sovereign nations, not to erode it.
The principles of the "free movement of capital" (both inside the EU and with third countries), and of "free and undistorted competition", are stated several times, and it has been argued that they cover all areas, from health care to energy to transport.
en.wikipedia.org /wiki/Treaty_establishing_a_constitution_for_Europe   (4617 words)

  
 Principle of conferral -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-11-05)
The principle of conferral is a fundamental principle of (additional info and facts about European Union law) European Union law.
According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states.
The EU 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.
www.absoluteastronomy.com /encyclopedia/p/pr/principle_of_conferral.htm   (104 words)

  
 EU Constitution - articles   (Site not responding. Last check: 2007-11-05)
Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution.
The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.
The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.
www.europarl.org.uk /constitution/mirrorplus/011.asp   (171 words)

  
 European Convention   (Site not responding. Last check: 2007-11-05)
The Union Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality, annexed to the Constitution.
The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by Institutions and bodies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers.
html.rincondelvago.com /european-convention.html   (17315 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
The limits and use of Union competences are governed by the principles of conferral, subsidiarity, proportionality and loyal cooperation.
In accordance with the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Constitution to attain the objectives the Constitution sets out.
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 Constitution.
danhon.com /temp/draftconstitution.txt   (3430 words)

  
 [No title]
Under the principle of proportionality, the scope and form of Union action shall not exceed what is necessary to achieve the objectives of the Constitution.
In accordance with Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution.
In exercising the Union's nonexclusive competences, the institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality, annexed to the Constitution.
www.rewi.hu-berlin.de /WHI/english/verf/teil1_en.doc   (18005 words)

  
 "International Recognition of a Unilaterally Declared Palestinian State: Legal and Policy Dilemmas" by Tal Becker
The principle of phased further redeployments, provided for in Article XIII of the D.O.P. and Article XI of the Interim Agreement, shows that the territory under Palestinian control is not strictly defined, but rather is subject to change in accordance with the extent of future redeployments.
The principle that an entity claiming statehood on the basis of unlawful acts must, as a matter of law, be denied recognition has been supported in state practice.
In light of the importance of these principles, it is not surprising that the prohibition against unilateral acts and the duty to resolve all issues by negotiation constitute a fundamental part of the agreements signed between the parties.
www.jcpa.org /art/becker2.htm   (13243 words)

  
 [No title]
It raises the principle of conferral to be the main principle of bounding the competences between the Member States and the EU, while on the practicing of competences the principles of subsidiarity and proportionality prevail.
The principle of conferral means that competences not conferred upon the Union in the Constitution remain with the Member States.
The principle of proportionality was unambigously detached from the principle of subsidiarity but on the use of these two principles there exist a single Protocol in the Constitutional Treaty.
www.uni-miskolc.hu /uni/res/kozlemenyek/2004/NEW.doc   (2224 words)

  
 [No title]
The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and propor tionality.
Subject to the principle of propor tionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers.
guerby.org /eu_constitution_all_en.txt   (14750 words)

  
 The National Forum on Europe - Glossary   (Site not responding. Last check: 2007-11-05)
The principle of conferral means that the Union does not have general competences in its own right, but only those that are specifically conferred upon it by the Member States in the founding treaties and their subsequent modifications.
The body of fundamental principles or established precedents according to which a state or other organisation is governed—usually, but not always, set out in writing in a series of articles contained in a basic document.
The legal principle of non-refoulement is binding on all states as a matter of customary international law and is expressly included in the Irish Refugee Act.
www.forumoneurope.ie /index.asp?locID=252&docID=-1   (3727 words)

  
 Encyclopedia: European constitution
This is explicitly specified for the first time, but since the Union has always been a treaty-based organisation, it has always been the case by default under international law.
Earth, also known as the Earth, Terra, and (mostly in the 19th century) Tellus, is the third planet outward from the Sun.
The term neoliberalism is used to describe a political-economic philosophy that had major implications for government policies beginning in the 1970s – and increasingly prominent since 1980 – that de-emphasizes or rejects positive government intervention in the economy, focusing instead on achieving progress and even social justice by encouraging free...
www.nationmaster.com /encyclopedia/European-constitution   (10032 words)

  
 Union - TREATY ESTABLISHING A CONSTITUTION FOR EUROPE []
Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Constitution.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a European decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
European laws and framework laws shall be published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following their publication.
law-ref.org /EU/kw-union.html   (5915 words)

  
 Straight Banana: Why the principle of conferral is redundant   (Site not responding. Last check: 2007-11-05)
This fundamental principle is absolutely unavoidable for any treaty-based organisation, no matter how much secondary legislation may come along for the ride.
But that constitution in turn derives its legitimacy entirely from the ongoing support of the member state signatories, freely given (which is why the 'principle of conferral' enshrined in the proposed new constitution is, strictly speaking, redundant).
And any member state is free at any time to withdraw that support, upon which the constitution will lose its force in that state, and the bodies created by the constitution will likewise lose their force.
www.40k.org.uk /blog/2004/09/why-principle-of-conferral-is   (1475 words)

  
 Eastern Book Company - Practical Lawyer
When the State gives effect to a Directive Principle in Part IV by law and if such a law would be subject to the hazard of a challenge in Court, it was perfectly open to Parliament to make such law nonjusticiable.
The principle of conferral of absolute power cannot be tested by the possibility of abuse of that power.
All Directive Principles could be implemented by laws made within the limits of reasonable restrictions mentioned in Article 19, clauses (1) to (6).
www.ebc-india.com /lawyer/articles/73v4a2.htm   (9239 words)

  
 callforevidence | Houses of Parliament
Article 7 of the Protocol is innovative in giving the ECJ jurisdiction to hear a case brought or notified by a Member State “on behalf of [a] National Parliament or a chamber of it” objecting to a breach of the principle of subsidiarity in a legislative act as adopted.
Draft European legislative acts shall be justified with regard to the principles of subsidiarity and proportionality.
Where reasoned opinions on a draft European legislative act's non-compliance with the principle of subsidiarity represent at least one third of all the votes allocated to the national Parliaments and their chambers, the draft must be reviewed.
www.parliament.uk /parliamentary_committees/lords_eu_select_committee/callforevidence.cfm   (1888 words)

  
 [No title]
The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under- represented sex.
By way of derogation from paragraph 1, European laws or framework laws may establish basic principles for Union incentive measures and define such measures, to support action taken by Member States in order to contribute to the achievement of the objectives referred to in paragraph 1, excluding any harmonisation of their laws and regulations.
Member States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the Articles dealing with the prohibition of customs duties and quantitative restrictions between Member States.
www.corbett-euro.demon.co.uk /assets/docs/constitu.txt   (16725 words)

  
 ACL : Communitarian Laws   (Site not responding. Last check: 2007-11-05)
The communitarian juridical system has the quality of representing a juridical order, that is an organized and structured set of juridical norms with its own sources, organs and procedures capable of elaborating and interpreting them, but also of ascertaining and punishing the transgression of these norms, when necessary[9].
The priority of the communitarian juridical order is strictly related to the direct effect, because when the principle according to which the dispositions of the communitarian law can directly create rights and obligations comes into force, there can be, inevitably, certain conflicts between the two systems.
The principle of the communitarian law’s priority doesn’t appear in the concluded treaties, but it was recognized by the European Court of Justice in two famous cases.
nord.twu.net /acl/commlaws.html   (1067 words)

  
 Constitution: 2005/05/29 - 2005/06/04
What does it mean that "the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas".
Instead of using it correctly to refer to restrictions on the powers of government officials, it is used loosely as "principles" that are nowhere defined, or suggestive of some vague "rights" to receive a sufficiency of a scarce resource, which has no place in a constitution of government.
What in the world is the "principle of conferral", the "principle of subsidiarity", the "principle of proportionality", the "principle of sincere cooperation", or any of the other "principles" it refers to?
constitutionalism.blogspot.com /2005_05_29_constitutionalism_archive.html   (990 words)

  
 Afropop Worldwide Open Forum - Re: reaction to "non" vote in Europe
Where the Constitution does not specify the type of act to be adopted, the institutions shall select it on a case-by-case basis, in compliance with the applicable procedures and with the principle of proportionality referred to in Article I-11.
In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies.
The implementation of expenditure shown in the budget shall require the prior adoption of a legally binding Union act providing a legal basis for its action and for the implementation of the corresponding expenditure in accordance with the European law referred to in Article III-412, except in cases for which that law provides.
www.afropop.org /forums/read.php?f=1&i=2441&t=2435   (8834 words)

  
 IBB - Information Centre
While the existing Treaties contain many of the principles examined in this next section, and others were already established through the case law of the ECJ, these principles have now been strengthened significantly and will be accorded greater visibility for the wider public.
It is clear from the new drafting that the Union is not trying to abolish and replace the nation state, but to carry out the tasks given to it by this Constitution.
‘The limits of Union competences are governed by the principle of conferral… Competences not conferred upon the Union remain with the Member State’.
www.ibec.ie /Sectors/ibb/IBBDoclib3.nsf/wvIBBICS/BC738374635A21DF80256D80005041CB?OpenDocument   (732 words)

  
 [No title]
It makes clear that the "limits" of Union competence are governed by the principle of conferral: it is clearly stated that the Union can only act within the limits of the competences which the Member States have conferred upon it.
Furthermore, the use of Union competence is expressly stated to be governed by the principles of subsidiarity and proportionality.
Union policy in the sphere of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external action.
www.uwc.ac.za /ecsa-sa/docs/jans.doc   (2145 words)

  
 limit - TREATY ESTABLISHING A CONSTITUTION FOR EUROPE []
The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law.
Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with those principles.
Within the budget the Commission may, subject to the limits and conditions laid down by the European law referred to in Article III-412, transfer appropriations from one chapter to another or from one subdivision to another.
www.law-ref.org /EU/kw-limit.html   (1205 words)

  
 [No title]
The Institutions shall apply the principle of proportionality as laid down in the Protocol referred to in paragraph 3.
TITLE VI: THE DEMOCRATIC LIFE OF THE UNION Article I-44: The principle of democratic equality In all its activities, the Union shall observe the principle of the equality of citizens.
Any citizen of the Union, man or woman, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union's Institutions, bodies and agencies in whatever form they are produced, in accordance with the conditions laid down in Part Three.
www.kent.ac.uk /kcfe/euconstitutions/preamble-partone.doc   (7692 words)

  
 [No title]
Member States' national Parliaments may send to the Presidents of the European Parliament, the Council of Ministers and the Commission a reasoned opinion on whether a legislative proposal complies with the principle of subsidiarity, according to the procedure laid down in the Protocol on the application of the principles of subsidiarity and proportionality.
This statement should contain some assessment of the proposal's financial impact and, in the case of a framework law, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation.
This threshold shall be at least a quarter in the case of a Commission proposal or an initiative emanating from a group of Member States under the provisions of Article III-165 of the Constitution on the area of freedom, security and justice.
www.fco.gov.uk /Files/attachments/1060963100996.DOC   (1450 words)

  
 ipedia.com: Treaty establishing a constitution for Europe Article   (Site not responding. Last check: 2007-11-05)
The EU is a union of member states, and all its competences are voluntarily conferred on it by its member states according to the so-called principle of conferral.
In all areas, the EU may only act to exactly the extent that is needed to achieve its objectives (the so-called principle of proportionality).
It is the principle from which the judgements of the European Court of Justice derive their legitimacy.)
www.ipedia.com /treaty_establishing_a_constitution_for_europe.html   (2540 words)

  
 Summary report of the additional plenary session, Brussels, 5 March 2003 | CC - Bulletin | Constitutional-Convention.net
The morning discussions were structured around Articles 8 and 9 on principles, and the afternoon discussions around the other Articles on competences.
Some Convention members emphasised that the Articles on competences (starting with Article 8(2) on the principle of conferral) should state that it was the Member States and not the Constitution that conferred competences.
The reference to the Constitution should therefore be preceded by the preposition "in" (or "in accordance with the provisions of") rather than "by".
www.constitutional-convention.net /bulletin/archives/001032.html   (280 words)

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