The question of competence in the European Union / edited by Loïc Azoulai.
2014
KJE5086 .Q47 2014 (Map It)
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Details
Title
The question of competence in the European Union / edited by Loïc Azoulai.
Published
Oxford, United Kingdon ; New York, NY : Oxford University Press, 2014.
Call Number
KJE5086 .Q47 2014
Edition
First edition.
ISBN
9780198705222
0198705220
0198705220
Description
xviii, 296 pages ; 24 cm
System Control No.
(OCoLC)863194918
Bibliography, etc. Note
Includes bibliographical references (pages 277-294) and index.
Record Appears in
Added Author
Table of Contents
Table of Cases
ix
List of Abbreviations
xix
List of Contributors
xxi
Introduction: The Question of Competence / Loic Azoulai
1
I.
The Structure of the European Legal Argument and the Competence Problem
3
II.
The European Union as a Federal Order of Competences?
10
III.
Competence and Membership
15
I.
THE FEDERAL MODEL
1.
The Allocation of Competences in a Federation---A General Introduction / Olivier Beaud
19
Introduction
19
I.
The Conventional Conception of the Allocation of Competences: a Technical and State-centred Conception
23
II.
Another Way of Looking at the Allocation of Competences in a Federation
30
Concluding Remark
37
2.
Theoretical Deflation: The EU Order of Competences and Power-conferring Norms Theory / Guillaume Tusseau
39
I.
A Metalinguistic Analysis of the Expression `The EU as a Federal Order of Competences'
39
II.
A New Methodological Start
42
III.
A Theory of Power-conferring Norms
44
IV.
Identifying Types of Power-conferring Norms in the EU Legal Order
46
V.
Identifying Types of Relationships between Power-conferring Norms in the EU Legal Order
54
Concluding Remarks
61
II.
THE ALLOCATION OF COMPETENCES IN EU PRACTICE
3.
EU External Relations: Unity and Conferral of Powers / Marise Cremona
65
Introduction
65
I.
An Evolution in Thinking about EU External Competence
67
II.
Give and Take in EU Practice
74
III.
Unity and the Scope of Application of EU Law
80
IV.
Internal and External Policies and the Union Interest
82
Concluding Remarks
84
4.
The Allocation of Economic Policy Competences in the European Union / Roland Bieber
86
Introduction
86
I.
General Economic Policy: an Allocation of Competences sui generis
87
II.
Monetary Policy: an Exclusive albeit Divided Competence
96
Conclusion
99
5.
Legislative and Executive Competences in Competition Law / Giorgio Monti
101
Introduction
101
I.
The Enforcement of Competition Law in the EU
103
II.
Legislative Competence
104
III.
Executive Competence
114
IV.
National Reactions
119
Conclusion
123
6.
The EU as a Federal Order of Competences and the Private Law / Hans-W. Micklitz
125
Prologue or Why Private Law
125
I.
European Regulatory Private Law and Traditional National Private Law: some Clarifications
130
II.
Scope of Competence in Private Law: from Market Bound to Justice Bound?
132
III.
Limits of Competence: the Uncoupling of European Private Law from National Private Law and Possible Counter-reactions
141
IV.
Intensity: the Relationship with Task and Function
148
Concluding Remarks
151
III.
THE EUROPEAN COURT OF JUSTICE AND THE QUESTION OF COMPETENCE
7.
ECJ Doctrines on Competences / Christiaan Timmermans
155
Introductory Remark and Conclusions
155
I.
Which Approaches?
156
II.
What about Pre-emption?
159
III.
And what about the Lisbon Treaty?
160
Final Remark
164
8.
EU Law and Retained Powers of Member States / Lena Boucon
168
Introduction
168
I.
A Specific Legal Framework
171
II.
Implications
187
Conclusion
192
9.
The Protection of Fundamental Rights and the Allocation of Competences in the EU: A Clash of Constitutional Logics / Edouard Dubout
193
Introduction
193
I.
The Protection of Fundamental Rights and the Definition of the Union's Competence
196
II.
The Protection of Fundamental Rights and the Exercise of National Competences
204
Conclusion
211
IV.
POLITICAL AND LEGAL LIMITS TO EU COMPETENCES
10.
Limits to the Union's `Internal Market' Competence(s): Constitutional Comparisons / Robert Schutze
215
Introduction
215
I.
The `Internal Market' Competence in the United States
216
II.
The Internal Market Competence(s) of the European Union
223
III.
Comparisons and Conclusions
232
11.
Subsidiarity as a Procedural Safeguard of Federalism / Sanja Bogojevic
234
Introduction
234
I.
Political Competence Test in the Post-Lisbon Era
236
II.
Impact Assessments as a Competence Test
242
III.
Subsidiarity and Adjudicative Federalism
244
IV.
Federal Proportionality and Process Federalism
249
Conclusion: One Vision of Federal Safeguards?
251
12.
The Respect for National Constitutional Identity in the European Legal Space: An Approach to Federalism as Constitutionalism / Francois-Xavier Millet
253
Introduction
253
I.
From `Who Should Hold a Competence?' to `How to Exercise a Competence?'
255
II.
A New Kind of Federalism in the European Union
266
Reference List
277
Index
295