MIME-Version: 1.0 Content-Location: file:///C:/CAE31A83/ARTICLE2C.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 2C]

ENERGY:

UK PARLIAMENT MUST LEGALLY SUBMIT = TO UNION

IF AND WHEN UNION ACTS FIRST=

 [ARTICLE 2C]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part I, Principles, Common Provision= s, Title I Categories and areas of Union Competence, Article 2c

 

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 12, new Title and new Article= s 2A to 2E TEC (TFEU) relating to categories and areas of European Union competence; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty:

ARTICLE 2 C

1. The Union shall share competence with the Member Stat= es where the Treaties confer on it a competence which does not relate to the a= reas referred to in Articles 2 B and 2 E.

2. Shared competence between the Union and the Member States applies in the following

principal areas:

(a) internal market;

(b) social policy, for the as= pects defined in this Treaty;

(c) economic, social and territorial cohesion;

(d) agriculture and fisheries, excluding the conservation of marine biological resources;

(e) environment;

(f) consumer protection;=

(g) transport;

 (h) trans-European networks;

(i) ener= gy;

(j) area of freedom, security= and justice;

(k) common safety concerns in public health matters, for the aspects defined in this Treaty.

3. In the areas of research, technological development a= nd space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.

4. In the areas of development cooperation and humanitar= ian aid, the Union shall have competence to = carry out activities and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.

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Consolidated Treaty Article(s):

n/a

 

Explanation:

The Lisbon Treaty= has formalised the idea that Member States competen= ces will be limited once the Union has acted. This Article concerns areas of shared competence between the Union and the Member States. The present areas of shared competence are not explicit in the current Trea= ties. Under Article 2C, the areas of shared competence will be the following: internal market, = social policy, economic, social and territorial cohesion, agriculture and fisherie= s, environment, consumer protection, transport, trans-European networks, energ= y, area of freedom, security and justice, common safety concerns in public hea= lth matters, for the aspects defined the Treaty, research, technological development and space and development cooperation and humanitarian aid. Ene= rgy and space policies are new Union competences. A vast range of activity, whi= ch should be under the remit of the UK Government, will be handed over to EU control.

 

It is a substantial concern that the Member States will only be allowed to adopt legislation if the Union has not exercised its competence. National governments would only be able t= o do what the EU has decided not to. It is not a “s= hared competence” with the Member States but an asser= tion of the primacy of Union activities over those of the Member States. = In this sense, it = is possible to argue that these policies are the Union<= /st1:place>’s exclusive competences (and not shared competences). The Member States are n= ot allowed to legislate in these areas if the Union decides to act. If there are severe doubts, the European Court of Justice w= ill decide. Obviously= , the ECJ will have a major role in the interpreting and deciding on the competen= ce boundaries and it will do so in name of the uniform application and effectiveness of EU law.

 

It should be noted that Article 2C(2)(k) refers to “common safety concerns = in public health matters” while Article 2E(a) refers to “protection and improvement of human health= 221; as a supporting competence= . The two were possibly confused. If the EU exercises competence in a shared area, the Member States will simply be left unable to act. The list of areas that fall under the “exclusive competence” and the supposed “shared competence” include a substantial number of policies that will negati= vely affect the everyday lives of the citizens within nation-states. It is unacceptable that such a provision be imposed upon <= st1:country-region w:st=3D"on">UK citizens since it surrende= rs their sovereign right to be governed by the UK Parliament on those matters.=