Subsidiary Powers


Subsidiary Powers :

Article 308, TEC, reflects the realization by those who drafted the Treaty of Rome (1957) that the powers specifically allocated to the Community (executive powers) might not be adequate for the purpose of attaining the objectives expressly set by the Treaties themselves (competence ratione materiae). This Article can be used to bridge that gap, since it lays down that if action by the Community should prove necessary to attain ... one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures. Since this provision gives the European Parliament a purely consultative role which does not take into account Parliament's current legislative powers, its improper use could upset the institutional balance. To avoid this, the use of Article 308 as a legal basis is often accompanied by other Treaty Articles which accord Parliament a greater legislative role. See: Treaties

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