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The Division of Competences between the EU and the Member States

Reflections on the Past, the Present and the Future

Editor(s): Sacha Garben, Inge Govaere
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Published: 05-10-2017
Format: Hardback
Edition: 1st
Extent: 360
ISBN: 9781509913480
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About The Division of Competences between the EU and the Member States

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.

Table Of Contents

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


“Each contribution in this book is well-written and relatively brief, making individual chapters ideal for academics, advanced graduate students and legal professionals. The introductory chapters expertly describe the competence landscape post-Lisbon, and subsequent issue area chapters illustrate the difficulties of determining exclusive or shared competence... Overall, the timing of this book could not be better: the issue of the division of competences has consequences for every current debate facing the EU, not the least of which is its own survival.” –  Tracy H Slagter, University of Wisconsin Oshkosh, Journal of Common Market Studies

“[The book's] value consists in its stimulating in-depth study of selected issues and in the courage shown by many of the authors in submitting proposals to improve the distribution of jurisdiction (and the powers of the institutions) in order to increase the legitimacy of the present interaction between national and European jurisdictions.” –  Roland Bieber, Common Market Law Review

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