2.4 EU principles and their impact on Article 10(1)
In construing Article 10(1), several core principles of EU law directly impact its meaning, scope, and practical application. These principles establish an interpretative perimeter that both guides and constrains how the provision is construed, helping to ensure that specific legislative measures both remain consistent with the broader objectives of the European Union and achieve overall legal coherence.
Key among these principles are “competence”, “subsidiarity”, and “proportionality”, which govern the balance of powers between the EU and its Member States – a particularly significant concern in the maritime safety area, where both Member States, private actors and overarching global institutions have developed a comprehensive maritime safety regime.(1) Anchored primarily in Article 5 TEU and in Protocol (No 2) on the application of the principles of subsidiarity and proportionality. Furthermore, in recent jurisprudence and legislative developments, the “precautionary” principle underscores the EU's commitment to environmental protection and safety in the face of scientific uncertainty – an important consideration in the maritime sector, where there are inherent risks to environment and safety.(2) Established notably in Article 191(2) TFEU for environmental matters but extended by analogy to other risk sectors. See also Case T-13/99 Pfizer Animal Health EU:T:2002:209 Equally relevant for this analysis is the principle of “legal certainty”, which demands that laws be clear, predictable and coherent, being crucial aspects when imposing obligations upon EU ROs and their stakeholders (particularly in cases where obligations derive from partly overlapping regulations that may conflict with each other). Additionally, the principle of “legitimate expectations” has been recognised by EU courts and is also a relevant consideration in this context, ensuring that stakeholders can rely on a consistent and transparent application of the rules – another key factor in fostering trust and stability for ROs and the broader maritime industry.
These principles underpin the legislative intent behind Article 10(1) and define its boundaries. In effect, they may prevent undue expansion of the mutual recognition scheme into areas that compromise maritime safety or encroach upon Member State competencies. In subsequent sections, we examine how each principle further shapes Article 10(1) limits and underlying obligations, ensuring consistency with the EU framework.