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The Division of Competences Between the EU and the Member States: Reflections on the Past, the Present and the Future

The Division of Competences Between the EU and the Member States: Reflections on the Past, the Present and the Future

Author: Sacha Garben; Inge Govaere
Publisher: Hart Publishing
ISBN: 9781509913480

Published In: October 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509936540

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Reflecting 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, the issue of competence division is of fundamental importance. It defines the nature of the EU as a polity, as well as the identity of the Member States. 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; the book will have a wide audience; from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

Part I: General Reflections

1. The Division of Competences between the EU and the Member States: Reflections on the Past, the Present and the Future

Sacha Garben and Inge Govaere

2. The Competence Divide of the Lisbon Treaty Six Years After

Christiaan Timmermans

3. Classifying EU Competences: German Constitutional Lessons?

Robert Schütze

Part II: Areas of Complementary, Shared and Exclusive EU Competence

4. Exclusive Member State Competences—Is There Such a Thing?

Bruno De Witte

5. The Competence to Create an Internal Market: Conceptual Poverty and Unbalanced Interests

Gareth Davies

6. Monetary Policy: An Exclusive Competence Only in Name?

Michael Waibel

7. The EU’s Exclusive Competence in Competition Law

Pablo Ibáñez Colomo

8. EU External Competence—Rationales for Exclusivity

Marise Cremona

9. Competence, Human Rights, and Asylum: What Price Mutual Recognition?

Takis Tridimas

Part III: Practical Perspectives

10. The Exclusive Competences of the European Union: Some Random Jottings

Kieran Bradley

11. The Lisbon Treaty’s Competence Arrangement Viewed from European Commission Practice

Karen Banks

12. The Lisbon Treaty’s Competence Arrangement Viewed by the European Parliament

María José Martínez Iglesias

13. The Institutional Politics of Objective Choice: Competence as a Framework for Argumentation

Päivi Leino

Part IV: Critical Refl ections on Legitimacy and Proposals for Reform

14. Integration through Soft Law: No Competence Needed? Juridical and Bio-Power in the Realm of Soft Law

Mark Dawson

15. Refining the Division of Competences in the EU: National Discretion in EU Legislation

Ton van den Brink

16. The Shifting Powers of the European Parliament: Democratic Legitimacy and the Competences of the European Union

Gregorio Garzón Clariana

17. De-constitutionalisation of European Law: The Re-empowerment of Democratic Political Choice

Fritz W Scharpf

18. Restating the Problem of Competence Creep, Tackling Harmonisation by Stealth and Reinstating the Legislator

Sacha Garben

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