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Shared competence meaning

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What does Shared competence mean?
In EU law practice, shared competence describes policy areas where both the European Union and its member States may legislate and adopt binding acts. Member States may act to the extent the EU has not exercised its competence; where the EU has legislated, national action is constrained or displaced unless permitted by the EU measure, and competence can revert if the EU ceases to act. The concept is defined in Article 2(2) TFEU, with principal fields listed in Article 4 TFEU (for example, the internal market, environment, consumer protection, transport, energy, and the area of freedom, security and justice). It matters for assessing legislative power, pre-emption, minimum/maximum harmonisation and compliance with subsidiarity and proportionality. Usage is consistent across the UK and Ireland when referring to EU law. For Ireland (an EU Member State) it determines when the Oireachtas may legislate alongside EU measures. In England & Wales, Scotland and Northern Ireland, the UK is no longer a Member State, so the term is used descriptively in EU-facing advice, including under the Windsor Framework where specified EU law applies in Northern Ireland. In UK constitutional law, “concurrent powers” is the closer domestic analogue.
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NEWS
Weekly financial services regulatory update: DORA, sanctions, T+1, short selling, MiCA, FCA enforcement, motor finance and ESG—20 February 2025

In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Risk management and controls Operational resilience Financial crime and sanctions Investigations, enforcement and discipline Regulation of capital markets Sustainable finance and ESG Banks and mutuals Investment funds and asset management MiFID II Consumer credit, mortgage and home finance Payment services and systems Fintech and cryptoassets Financial stability LexTalk®Financial Services: a Lexis®Nexis community Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies FCA outlines new email retention approach to sharpen regulatory efficiency The FCA has set out a comprehensive rationale for its revised email management approach, coming into force on 1 April 2025. Under the policy, messages in individual staff inboxes will be purged after 12 months, while...

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PRACTICE NOTES
EU Law Glossary: Legal Acts, Institutions, Competences and Key Policy Initiatives

The EU glossary brings together and clarifies terms regularly used in EU law. Blue economy The European Union’s blue economy covers all activities and sectors linked to oceans, seas and coastlines, whether operating directly in the marine environment (eg shipping, seafood, energy production) or on land (eg ports, shipyards, coastal infrastructures). Circular Economy Action Plan In March 2020, under the European Green Deal, the European Commission adopted a new Circular Economy Action Plan (CEAP). The CEAP seeks to: make sustainable products the norm across the EU prioritise sectors likely to be highly affected by circularity, such as construction and buildings, batteries and vehicles, water, packaging, plastics, batteries, electronics empower consumers and public procurers cut waste For further details on the CEAP, see News Analysis: New circular economy action plan published, Sustainable products and supply chains (EU Law)—overview and Practice Note: EU Environment—horizon scanner, which covers key new and upcoming EU legislation and consultations relating to waste regulation,...

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PRACTICE NOTES
Critical Thinking for Legal Teams: Balancing Business and Client Needs with MoSCoW, Meaningful Metrics and DMAIC (SRA Competence A5, England and Wales)

Resolving workplace issues is a shared duty for all. Identifying concerns proactively is essential, but you must also research them and present sound solutions in the right way so your ideas are heard and taken seriously by decision‑makers across the business and acted upon accordingly too. This Practice Note gives guidance on critical thinking and problem solving, including how to determine what services you can provide to your business, understand and value the enterprise’s commercial context, and then show that reasoning when communicating with the management team clearly and with confidence. It also considers the DMAIC model, applied to continuous improvement for problem solving, and will support you in using this approach in your workplace in practice. This Practice Note is intended to assist with the Solicitors Regulation Authority’s (SRA’s) continuing competence regime, particularly requirement A5 in the Statement of solicitor competence, which concerns critical thinking and problem solving, and how these elements should be demonstrated. Knowing what support to provide Whether your clients...

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PRACTICE NOTES
Healthcare regulators: common principles, procedure, evidence, interim orders and sanctions in fitness to practise proceedings

This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise (FtP) proceedings before most healthcare regulators’ FtP panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of FtP proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council—fitness to practise proceedings Social Work England—fitness to practise proceedings This note applies to the healthcare regulators overseen by the Professional Standards Authority (PSA). For...

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PRECEDENTS
Client Care Manual for SRA-Regulated Law Firms in England and Wales: Standards, Conflicts, Confidentiality, Costs, Vulnerability, Complaints and Supervision

1 Introduction 1.1 Client care sits at the heart of the regulatory framework governing our work. We are committed to delivering a high standard of service to every client—this duty is shared by all staff to ensure we meet that aim. 1.2 This client care manual covers everyone working at any level, including partners, consultants, solicitors, other employees (whether permanent, fixed-term or temporary), contractors, trainees, secondees, home-workers, casual staff, agency staff, interns and students, agents, sponsors, volunteers, or any other person connected with the firm wherever based (together called ‘staff’ in this manual). 1.3 References to a ‘fee earner’ in this manual include all staff handling client matters and/or those responsible for managing client relationships, irrespective of their seniority or qualifications. 2 Responsibility The Compliance Officer for Legal Practice (COLP) holds responsibility for this client care manual and supervises the firm’s client care arrangements. If the COLP is unavailable and a response is required, you should contact [state who should be contacted, eg their deputy,...

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