Source: European Parliament
Article 5 of the Treaty on the Functioning of the European Union (TFEU) states that the limits of EU competences are governed by the principle of conferral and that the use of EU competences is governed by the principles of subsidiarity and proportionality.
Under the principle of conferral, the EU will act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. However, the EU does not have competences on the administrative and territorial organisation of the Member States.
It is the competence and the responsibility of the Member States to lay down the specific conditions for the conduct of their local referendums and public consultations, subject to the respect of the values enshrined in Article 2, which are given expression in basic principles, such as the principle of democracy laid down in Article 10 of the Treaty on European Union (TEU), and their international commitments.
Additionally, it is the responsibility of the competent national administrative and judicial authorities to ensure compliance with applicable law .
The Commission is committed to promote and uphold the rule of law, which is one of the values of Article 2 TEU. A key work stream in this respect is the Commission’s annual Rule of Law Report.
The annual Rule of Law Report focuses on developments, both positive and negative, in four key areas for the rule of law: the justice system, the anti-corruption framework, media pluralism and freedom, and other institutional issues related to checks and balances.
It presents the Commission’s own assessment of developments occurring in these areas in each Member State. The annual Rule of Law Report does not focus on issues of local self-government.