Sacha Garben

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.

The Competence Question in the (Con)Federal European Union

Inge Govaere

Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.

A Critical Assessment

The EU Better Regulation Agenda

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.

Sacha Garben

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