Three Barriers To The Competences Of The European Union In Migration And Refugee Law

Three Barriers To The Competences Of The European Union In Migration And Refugee Law Presented by: Dr. Oręziak Date: 19 October 2023 Reminder From International Law - European Union as international organization is not a state and is not sovereign - European Union is formed by sovereign states that retained full sovereignty - European Union was founded to achieve goals indicated by EU Member States - EU does not have its own competences. The source are Member States competences - Member States have decided for additional safeguards - these 3 barriers USE IN CASE OF FIRE - Principle of Conferral - Principle of Proportionality - Principle of Subsidiarity - The normative nature of the principles from Article 5 of the Treaty on European Union • Watchdog • Meta norms Face of the Principle of Conferral - Image: Limit of EU competences - Function: Protection against competence creep, theft or plunder by EU - Practice meaning: EU can do something or not - What decides? - What's the problem? - What is the key? Face of the Principle of Proportionality - Image: Use of EU competences (keyword: necessary) - Function: Protection against the intensity and strength of the EU actions - Practice meaning: EU should act as gently as it works - What decides? - What's the problem? - What is the key? Face of the Principle of Subsidiarity - Image: Use of EU non-exclusive competences (keyword: priority) - Function: Protection against the replacement of states by the EU - Practice meaning: EU acts as actor only if goals need it - What decides? - What's the problem? - What is the key? Key = Decision Maker - How it is? - International organization created by states for states goals rules - Creative interpretation by CJEU - EU supervising EU - Watchdog like Chihuahua - How it should be? - States as fundamental international actor rules - Pacta sunt servanda - Nemo iudex in causa sua - Watchdog like Cerberus VS Decision Maker = States