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The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.

Chapter 6: The European Union as a Staatenverbund? The Endorsement of the Principle of Conferral in the Treaty of Lisbon

Barbara Guastaferro

Subjects: law - academic, european law


Barbara Guastaferro 1. INTRODUCTION This chapter argues that the Treaty of Lisbon, while endowing the European Union (EU) with new competencies, has by the same token ‘endorsed’ the principle of conferral. Many of the provisions of the Treaty of Lisbon, indeed, seem to reinforce that principle and to yield to some Member States’ demand to retain the Kompetenz-Kompetenz within the European legal order. Even the wording of the Treaties seems to constantly express the fear that the EU may transgress the boundaries of the powers conferred on it by Member States. Following this line of reasoning, the present chapter will first outline the principal causes of the creeping competence drift within the EU legal order and then analyse the main remedies provided by the Treaty of Lisbon. 2. THE PRINCIPLE OF CONFERRAL WITHIN THE EU LEGAL ORDER The principle of conferral (or principle of allocated or attributed powers) stipulates that ‘every action by the Union is based on a general or specific Treaty provision empowering the Union – expressly or implicitly – to act’.1 In this vein, the rules concerning the allocation of powers within the EU 1 Lenaerts, K. and M. Desormer (2002), ‘Bricks for a Constitutional Treaty of the European Union: Values, Objectives and Means’, European Law Review, 27, 385. 117 Columns Design XML Ltd / Job: Trybus-Treaty_Lisbon_and_Future_of_EU_Law_and_Policy tion: 1 / Date: 16/4 / Division: 06-Chapter_6_typeset /Pg. Posi- JOBNAME: Trybus and Rubini PAGE: 4 SESS: 8 OUTPUT: Tue Apr...

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