Link to the University of Pittsburgh
Link to the University Library SystemContact us link
AEI Banner

To Give or to Grab: The Principle of Full, Crippled and Split Conferral of Powers Post-Lisbon. Research Paper in Law 04/2016

Govaere, Inge (2016) To Give or to Grab: The Principle of Full, Crippled and Split Conferral of Powers Post-Lisbon. Research Paper in Law 04/2016. UNSPECIFIED.

[img] PDF - Published Version
Download (1199Kb)

    Abstract

    From the Introduction. The principle of conferral of powers occupies a prominent place in the Lisbon Treaty. Not only is it stated as a fundamental and horizontal principle in the common provisions of the Treaty on the European Union (Art. 5 TEU).2 For the first time utmost care has been given to lay down, in a Treaty text, also the modalities and the consequences of the application of this principle.3 As such, a catalogue of competence is introduced in Articles 2-6 TFEU which lists the “categories and areas of union competence” (Title I TFEU) whilst spelling out the nature of the competences conferred to the Union in those fields, for instance exclusive, shared or complementary. Moreover, it is recurrently and firmly stated that powers which are not conferred to the Union by the Treaties are to remain with the Member States (a.o. Arts. 4(1) & 5(2)TEU). Especially those new additions in the Treaties are revealing of the currently prevailing political context whereby the Member States seek to get a renewed grasp on the formulation, interpretation and application of the Treaty principle of conferral. This can hardly be considered in isolation from the development of case law of the CJEU, who deftly asserts exclusive jurisdiction to interpret this key structural principle of EU law.

    Export/Citation:EndNote | BibTeX | Dublin Core | ASCII (Chicago style) | HTML Citation | OpenURL
    Social Networking:
    Item Type: Other
    Subjects for non-EU documents: EU policies and themes > Treaty reform > Lisbon Treaty
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > College of Europe (Brugge) > Research Papers in Law
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 05 Apr 2017 10:55
    Number of Pages: 24
    Last Modified: 11 Apr 2017 15:43
    URI: http://aei.pitt.edu/id/eprint/85832

    Actions (login required)

    View Item

    Document Downloads