The Question of Competence in the European Union
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 February 2014
- ISBN 9780198705222
- Binding Hardback
- No. of pages320 pages
- Size 239x162x24 mm
- Weight 618 g
- Language English 0
Categories
Short description:
The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question
MoreLong description:
The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty.
This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.
Table of Contents:
On the Concepts of Competence and Federal Order of Competences in the EU Legal Order
Part I: The Reference to Federalism
The Allocation of Competences in a Federation
Theoretical Deflation: The EU Order of Competences and Power-Conferring Norms Theory
Part II: The Allocation of Competences in EU Practice
Allocation of Competences in the field of External Relations
Allocation of Economic Policy Competences in the EU
Legislative and Executive Competences in Competition Law
The Forgotten Dimension of Private Law
Part. III: The ECJ and the Question of Competence
ECJ doctrines on Competences
EU Law and Retained Powers of Member States
The Protection of Fundamental Rights and the Allocation of Competences in the EU: A Clash of Constitutional Logics
Part. IV: Political and Legal Limits to EU Competences
Limits to Union's "Internal Market" Competence(s): Constitutional Comparisons
Subsidiarity as a Procedural Safeguard to Federalism
The Respect for National Constitutional Identity in the European Legal Space: An Approach to Federalism as Constitutionalism
