The Competence Question in the (Con)Federal European Union

Author: Sacha Garben
Publisher: Oxford University Press
ISBN: 9780198870760
Published In: November 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The Competence Question in the (Con)Federal European Union provides a uniquely holistic understanding of the EU as a contested authority-construction, the legal concepts and political factors that make it (d)evolve, and the normative stakes at hand.

The book analyses the source, force, and extent of the EU's powers from the EEC Treaty until today, demonstrating how ongoing constitutional negotiations between Member States, the Court of Justice, political institutions, and national courts have unsettled the EU legal order in both functional and foundational terms. In doing so, it offers new insights into the functioning and malfunctioning of the EU legal order from a constitutional and democratic perspective.

Drawing on historical examples to illustrate the distinction between compound systems of conferred powers (confederations) and those whose powers have been constitutionally established (federations), the book exposes a confederal conundrum. The EU's powers are conferred by its Member States (as in a confederation), but are given federal effect and have virtually unlimited material scope (competence creep). This, the book argues, can be democratically and constitutionally problematic.

Pinpointing the crucial legitimacy problem that underlies EU authority-construction, the book offers students and academics an accessible yet rigorous account of the current state of EU law. It is an essential resource for anyone seeking to understand the dynamic process of European integration and its constitutional implications.

1:The Competence Question in the (Con)Federal European Union

2:From Rome to Maastricht: The Displacement of Conferral, the Creeping of Competence, and the 'Constitutionalisation' of Community Law

3:Renegotiating Competence, Conferral, and 'Constitutionalisation' in the Maastricht Decade

4:From the Treaty Establishing a Constitution for Europe to the Lisbon Treaty: The Fumbled Attempt to Overcome Conferral and the Continuation of 'Constitutionalisation by Stealth'

5:From the Lisbon Treaty to Brexit: Competence, Conferral, and 'Constitutionalisation' in Crisis

6:The Post-Brexit EU Legal Order: Constitutional Reorientation and Democratic Re-Imagination in the Face of Identity Struggles

7:Uncertainty, Unsettlement, and the Way to Reach a Conclusion on the Competence Question in the (Con)Federal European Union