The Question of Competence in the European Union
The Question of Competence in the European Union
Professor of European Law
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Abstract
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. The book 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.
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Front Matter
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Introduction: The Question of Competence
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Part I The Federal Model
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Part II The Allocation of Competences in EU Practice
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3
EU External Relations: Unity and Conferral of Powers
Marise Cremona
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4
The Allocation of Economic Policy Competences in the European Union
Roland Bieber
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5
Legislative and Executive Competences in Competition Law
Giorgio Monti
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6
The EU as a Federal Order of Competences and the Private Law
Hans-W. Micklitz
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3
EU External Relations: Unity and Conferral of Powers
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Part III The European Court of Justice and the Question of Competence
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Part IV Political and Legal Limits to EU Competences
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10
Limits to the Union’s ‘Internal Market’ Competence(s): Constitutional Comparisons
Robert Schütze
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11
Subsidiarity as a Procedural Safeguard of Federalism
Xavier Groussot andSanja Bogojević
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12
The Respect for National Constitutional Identity in the European Legal Space: An Approach to Federalism as Constitutionalism
François-Xavier Millet
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10
Limits to the Union’s ‘Internal Market’ Competence(s): Constitutional Comparisons
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End Matter
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