Abstract

Title IX on employment lays down the legal infrastructure for policy coordination at the EU level. This largely non-legislative, coordinating competence is an atypical one in the EU legal order, as reflected in Title I of the TFEU on categories and areas of Union competence. Article 2(3) TFEU provides that ‘the Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide’, which is mentioned separately from the categories of exclusive, shared, and complementary competence created by the ToL. It is further specified in Article 5 TFEU.

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