Division of Competences and Regulatory Powers Between the EU and the Member States
Author: International Federation for European Law (FIDE). Congress
Publisher:
Published: 2016
Total Pages: 756
ISBN-13: 9789632955698
DOWNLOAD EBOOK →Author: International Federation for European Law (FIDE). Congress
Publisher:
Published: 2016
Total Pages: 756
ISBN-13: 9789632955698
DOWNLOAD EBOOK →Author: Sacha Garben
Publisher: Bloomsbury Publishing
Published: 2017-10-05
Total Pages: 357
ISBN-13: 1509913475
DOWNLOAD EBOOK →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.
Published: 2009-01-01
Total Pages: 354
ISBN-13: 9041126155
DOWNLOAD EBOOK →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 Unionands 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 andcompetence 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 Communityands legislative competence; areas where andcreeping competenceand occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful andcoreand Europe and a andmulti-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 Unionands andinstitutional dynamicand of cooperation and consensus and the author lucidly describes a seeming paradox: an andever-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: Koen Lenaerts
Publisher: Oxford University Press
Published: 2021-12-17
Total Pages: 928
ISBN-13: 019259236X
DOWNLOAD EBOOK →This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Author: Sacha Garben
Publisher: Bloomsbury Publishing
Published: 2017-10-05
Total Pages: 576
ISBN-13: 1509913491
DOWNLOAD EBOOK →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: Loïc Azoulai
Publisher:
Published: 2014-03
Total Pages: 322
ISBN-13: 0198705220
DOWNLOAD EBOOK →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: Pascal Fontaine
Publisher:
Published: 2017
Total Pages: 114
ISBN-13: 9789279535901
DOWNLOAD EBOOK →Author: Klaus-Dieter Borchardt
Publisher: Office for Official Publications of the European Communities
Published: 2010
Total Pages: 140
ISBN-13:
DOWNLOAD EBOOK →Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
Published: 2013-11-26
Total Pages: 1821
ISBN-13: 3642317065
DOWNLOAD EBOOK →The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.