The Division Of Competences Between The Eu And The Member States

Author : Sacha Garben,Inge Govaere
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 48,6 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509913473

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The Division of Competences between the EU and the Member States by Sacha Garben,Inge Govaere Pdf

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.

Author : Theodore Konstadinides
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 53,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041126153

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Division of Powers in European Union Law by Theodore Konstadinides Pdf

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.

Author : Diamond Ashiagbor,Nicola Countouris,Ioannis Lianos
Publisher : Cambridge University Press
Page : 345 pages
File Size : 41,5 Mb
Release : 2012-04-16
Category : Law
ISBN : 9781107017573

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The European Union After the Treaty of Lisbon by Diamond Ashiagbor,Nicola Countouris,Ioannis Lianos Pdf

Analysis of some of the most controversial aspects of the European Union's Lisbon Treaty.

Author : Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi
Publisher : Routledge
Page : 196 pages
File Size : 50,9 Mb
Release : 2018-09-27
Category : Law
ISBN : 9781351839372

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The EU and the Proliferation of Integration Principles under the Lisbon Treaty by Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi Pdf

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.

Author : Loïc Azoulai
Publisher : Oxford University Press
Page : 322 pages
File Size : 49,8 Mb
Release : 2014-03
Category : Law
ISBN : 9780198705222

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The Question of Competence in the European Union by Loïc Azoulai Pdf

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

Author : International Federation for European Law (FIDE). Congress
Publisher : Unknown
Page : 756 pages
File Size : 54,6 Mb
Release : 2016
Category : Electronic
ISBN : 9632955692

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Division of Competences and Regulatory Powers Between the EU and the Member States by International Federation for European Law (FIDE). Congress Pdf

Author : Nathan Cambien,Dimitry Kochenov,Elise Muir
Publisher : BRILL
Page : 562 pages
File Size : 52,9 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004433076

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European Citizenship under Stress by Nathan Cambien,Dimitry Kochenov,Elise Muir Pdf

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

Author : Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
Publisher : OUP Oxford
Page : 368 pages
File Size : 51,5 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780191008641

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The New Intergovernmentalism by Christopher J. Bickerton,Dermot Hodson,Uwe Puetter Pdf

The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.

Author : Robert Schütze
Publisher : Cambridge University Press
Page : 557 pages
File Size : 50,5 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107037663

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Foreign Affairs and the EU Constitution by Robert Schütze Pdf

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

Author : Marc Bungenberg,Joern Griebel,Steffen Hindelang
Publisher : Springer Science & Business Media
Page : 207 pages
File Size : 40,6 Mb
Release : 2011-01-18
Category : Law
ISBN : 9783642148552

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International Investment Law and EU Law by Marc Bungenberg,Joern Griebel,Steffen Hindelang Pdf

The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

Author : Bernd Martenczuk
Publisher : ASP / VUBPRESS / UPA
Page : 526 pages
File Size : 45,6 Mb
Release : 2008
Category : Political Science
ISBN : 9789054874720

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Justice, Liberty, Security by Bernd Martenczuk Pdf

The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.

Author : Loïc Azoulai
Publisher : OUP Oxford
Page : 300 pages
File Size : 50,5 Mb
Release : 2014-02-20
Category : Law
ISBN : 9780191015311

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The Question of Competence in the European Union by Loïc Azoulai Pdf

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.

Author : Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow
Publisher : Springer Nature
Page : 415 pages
File Size : 49,6 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9783030536978

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Public Administration in Germany by Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow Pdf

This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

Author : Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 43,7 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509945887

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The EU and its Member States’ Joint Participation in International Agreements by Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel Pdf

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

Author : Theodore Konstadinides
Publisher : Bloomsbury Publishing
Page : 268 pages
File Size : 46,8 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509916542

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The Rule of Law in the European Union by Theodore Konstadinides Pdf

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.