The division of competences between the EU and the member states: reflections on the past, the present and the future

"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."--Bloomsbury Publishing

Foreword -- Contents -- Notes on Contributors -- 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 -- The Ever-Increasing Importance of the Competence Question -- The Legal Principles Limiting EU Competence -- The Problem of Competence Creep -- The Legal Principles Limiting Member State Competence -- Beyond Legislative Competence: The Real Sources of 'Creep' -- Implications for Legal Practice -- The Way Forward -- Final Thoughts -- 2 -- The Competence Divide of the Lisbon Treaty Six Years After -- General Observations -- New Developments Post Lisbon -- What about the Recent Crises and the Competence Divide? -- Conclusion -- 3 -- Classifying EU Competences: German Constitutional Lessons? -- Introduction -- German Competence Federalism: Dual Federalism -- European Federalism: Co-operative Federalism (with a Dualist Streak) -- Conclusion(s) -- Part II Areas of Complementary, Sharedand Exclusive EU Competence -- 4 -- Exclusive Member State Competences-Is There Such a Thing? -- Introduction -- Retained Competences -- Reserved Competences -- The Lisbon Treaty Reform: New Guarantees for Exclusive Member State Competence? -- Conclusion -- 5 -- The Competence to Create an Internal Market: Conceptual Poverty and Unbalanced Interests -- Introduction -- The Legal Basis of Internal Market Competences -- The Conceptual Basis of the Internal Market -- The Most Perfect Market: Full Harmonisation or Managed Diversity? -- What Place for National Interests in Internal Market Competences? -- Establishing a Disembedded Market -- Subsidiarity and Proportionality -- Conclusion -- 6 -- Monetary Policy: An Exclusive Competence Only in Name? -- Introduction -- Competence for Eurozone Monetary Policy and Related Policy Areas