The Competence Question in the (Con)Federal European Union
Format:Hardback
Publisher:Oxford University Press
Published:18th Nov '25
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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.
This book explores how the EU's rules on competence have developed, and examines both the political and the constitutional consequences of the chosen pattern. The author possesses an admirable track record in this field and so it is a pleasure to see her assemble her thoughts in the form of a book. And it is a pleasure, as well as an education, to read it too. This is proper bold scholarship. * Stephen Weatherill, European Law Review *
ISBN: 9780198870760
Dimensions: 242mm x 164mm x 28mm
Weight: 763g
418 pages