The Division of Competences between the EU and the Member States: Reflections on the Past, the Present and the Future

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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 Unions 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.

Reviews

Each contribution in this book is well-written and relatively brief, making individual chapters ideal for academics, advanced graduate students and legal professionals. The introductory chapters expertly describe the competence landscape post-Lisbon, and subsequent issue area chapters illustrate the difficulties of determining exclusive or shared competence... Overall, the timing of this book could not be better: the issue of the division of competences has consequences for every current debate facing the EU, not the least of which is its own survival. -- Tracy H Slagter, University of Wisconsin Oshkosh * Journal of Common Market Studies *
[The book's] value consists in its stimulating in-depth study of selected issues and in the courage shown by many of the authors in submitting proposals to improve the distribution of jurisdiction (and the powers of the institutions) in order to increase the legitimacy of the present interaction between national and European jurisdictions. -- Roland Bieber * Common Market Law Review *

Author Bio

Sacha Garben is Professor of EU Law at the College of Europe. Inge Govaere is Professor of European Law, Jean Monnet Chair in EU Legal Studies at Ghent University and Director, Ghent European Law Institute (GELI) as well as Director of the European Legal Studies Department at the College of Europe.