Judgment_paragraph 72 · KS and Others v Council of the European Union and Others (C-29/22 P)

72Furthermore, it must be recalled that the principles of conferral and of institutional balance also apply in the area of the CFSP. Indeed, in accordance with Article 5(1) and (2) TEU, ‘the limits of Union competences are governed by the principle of conferral’, that principle meaning that ‘the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein[, whereas c]ompetences not conferred upon the Union in the Treaties remain with the Member States’. Moreover, in so far as Article 13(2) TEU provides that ‘each institution shall act within the limits of the powers conferred on it in the Treaties’, that latter provision reflects the principle of institutional balance, characteristic of the institutional structure of the European Union, a principle which requires that each of the institutions must exercise its powers with due regard for the powers of the other institutions (judgments of 13 June 1958, Meroni v High Authority, 9/56, EU:C:1958:7, p. 152; of 22 May 1990, Parliament v Council, C‑70/88, EU:C:1990:217, paragraph 22; of 14 April 2015, Council v Commission, C‑409/13, EU:C:2015:217, paragraph 64; and of 22 November 2022, Commission v Council (Accession to the Geneva Act), C‑24/20, EU:C:2022:911, paragraph 83).