3. The Transfer of Powers and Union Competences

This chapter examines the multifaceted and increasingly complex relationship between the European Union and its member states. The chapter begins with the transfer of sovereign powers and the democratic legitimacy of the Union and the establishment of constitutionalism within the Union. Section 3.4 considers the transfer of powers from the member states and the division and control of competences between the Union and the member states. In this context, the principles of subsidiarity and of proportionality are discussed, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.