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The Division of Competences between the EU and the Member States

2017-10-05 Law
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Release : 2017-10-05
Genre : Law
Kind : eBook
Book Rating : 475/5 ( reviews)

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Book Synopsis The Division of Competences between the EU and the Member States by : Sacha Garben

Download or read book The Division of Competences between the EU and the Member States written by Sacha Garben. This book was released on 2017-10-05. Available in PDF, EPUB and Kindle. Book excerpt: The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

Division of Powers in European Union Law

2009-01-01 Law
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Release : 2009-01-01
Genre : Law
Kind : eBook
Book Rating : 155/5 ( reviews)

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Book Synopsis Division of Powers in European Union Law by : Theodore Konstadinides

Download or read book Division of Powers in European Union Law written by Theodore Konstadinides. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionand’s decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following: the place of the and‘competence provisionsand’ in the current and future EU Treaty structure; the scope and limits of the powers of institutional actors involved in EU decision-making; the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law; the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Communityand’s legislative competence; areas where and‘creeping competenceand’ occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful and‘coreand’ Europe and a and‘multi-speedand’ Europe of pacesetters and laggards. Addressing numerous crucial issues and– among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Unionand’s and‘institutional dynamicand’ of cooperation and consensus and– the author lucidly describes a seeming paradox: an and‘ever-closer unionand’, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.

How Europe Can Deliver

2017
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Release : 2017
Genre :
Kind : eBook
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Book Synopsis How Europe Can Deliver by :

Download or read book How Europe Can Deliver written by . This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: This study aims to give guidance for a better-performing EU through an improved allocation of competences between the European Union and its member states. The study analyses eight specific policies from a wide range of fields with respect to their preferable assignment. The analysis applies a unified quantified approach and is precise in its definition of "counterfactuals". These counterfactuals are understood as conceptual alternatives to the allocation of competences under the status quo. As such, they either relate to a new European competence (if the policy is currently a national responsibility) or a new national competence (if the policy is currently assigned to the EU). The comprehensive, quantification-based assessments indicate that it would be preferable to have responsibility for higher education and providing farmers with income support at the national level. Conversely, a shift of competences to the EU level would be advantageous when it comes to asylum policies, defence, corporate taxation, development aid and a (complementary) unemployment insurance scheme in the euro area. For one policy - railway freight transport - the findings are indeterminate. Overall, the study recommends a differentiated integration strategy comprising both new European policies and a roll-back of EU competences in other fields.

The European Union After the Treaty of Lisbon

2012-04-16 Law
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Release : 2012-04-16
Genre : Law
Kind : eBook
Book Rating : 572/5 ( reviews)

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Book Synopsis The European Union After the Treaty of Lisbon by : Diamond Ashiagbor

Download or read book The European Union After the Treaty of Lisbon written by Diamond Ashiagbor. This book was released on 2012-04-16. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of some of the most controversial aspects of the European Union's Lisbon Treaty.

The EU and the Proliferation of Integration Principles under the Lisbon Treaty

2018-09-27 Law
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Release : 2018-09-27
Genre : Law
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Book Rating : 373/5 ( reviews)

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Book Synopsis The EU and the Proliferation of Integration Principles under the Lisbon Treaty by : Francesca Ippolito

Download or read book The EU and the Proliferation of Integration Principles under the Lisbon Treaty written by Francesca Ippolito. This book was released on 2018-09-27. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

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