This document is an excerpt from the EUR-Lex website
Glossary of summaries
Article 352 of the Treaty on the Functioning of the European Union (TFEU) contains a provision allowing the EU to adopt an act necessary to attain objectives laid down by the treaties when the latter have not provided the powers of action necessary to attain them.
Article 352 TFEU may only be used as a legal basis when the following conditions are met:
On a proposal from the Commission, the Council adopts acts based on Article 352 TFEU unanimously, following the consent of the European Parliament.
The European Commission, using the procedure for controlling the respect of the principle of subsidiarity provided by Article 5 of the Treaty on European Union (TEU) and Protocol 2 to the Treaty of Lisbon, must draw national parliaments' attention to initiatives taken on the basis of Article 352 TFEU.