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The Question of Competence in the European Union (Hardcover)
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The Question of Competence in the European Union (Hardcover)
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The classic debate surrounding the prolific role of the European
Union in defining spheres of competence and power relationships has
long divided scholarly opinion. However, in recent years, the
long-standing acquiescence to the broad powers of the Union has
given way to the emerging perception of a competence problem in
Europe. For a long period it was taken for granted that the
European Community could act whenever its action was justified on
the basis of the widely interpreted objectives of the Treaties.
However this context has since changed. There is a widespread
perception of a competence problem in Europe and the overabundance
of provisions limiting the Union's competences is one of the most
obvious marks left by the Lisbon Treaty. This book discusses the
extent to which the parameters of power throughout the Union and
its Member States have been recast by the recent implementation of
the Lisbon Treaty and doctrines developed by the European Court of
Justice. Comprised of contributions from a vast array of leading
practitioners and academics in the field of EU Law, this volume
assesses the debate surrounding the political identity of the
European Union, and further illustrates the relevance of the
Federal theory of sharing competences for the development of EU
Law. Finally, the question of new potential limits to Union's
competence is addressed. If anything, this broad reflection on the
notion of competence in the EU law context is a way of opening up
the question of the nature and contours of the political identity
of the European Union.
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