The Delimitation of Powers Between the EU and Its Member States
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Description
The exact division of powers and competences at EU level has, to date, been left to be determined rather fluidly, by a mixture of action and initiative on the part of the relevant EU institutions, which can be challenged during the political process or ultimately before the Court of Justice in the event of opposition. Because so many of the Treaty provisions which confer power and in particular some of the earlier and original provisions of the Community Treaties-are broadly defined and do not specify what the relationship with national powers in that field should be, this kind of gradual and fluid process has perhaps been unsurprising. It is particularly noteworthy that the Court of Justice has contented itself with incidental interventions, I some thing which can be explained in part but not entirely by reference to the paucity of suitable opportunities presented to the Court through litigation.
Source Publication
Accountability and Legitimacy in the European Union
Source Editors/Authors
Anthony Arnull, Daniel Wincott
Publication Date
2002
Recommended Citation
de Búrca, Gráinne and De Witte, Bruno, "The Delimitation of Powers Between the EU and Its Member States" (2002). Faculty Chapters. 332.
https://gretchen.law.nyu.edu/fac-chapt/332
