Chapter

Does the Lisbon Treaty Provide a Clearer Separation of Competences between EU and Member States?

Lucia Serena Rossi

in EU Law after Lisbon

Published in print January 2012 | ISBN: 9780199644322
Published online May 2012 | e-ISBN: 9780191738173 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644322.003.0004
Does the Lisbon Treaty Provide a Clearer Separation of Competences between EU and Member States?

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This chapter provides a comprehensive review of the competences of the European Union and its Member States following ratification of the Lisbon Treaty. The original Treaties did not contain a catalogue of the European Competences and this chapter questions whether the Lisbon Treaty has provided any further clarity on the separation of powers. The European Court of Justice and its role in establishing the mobile border of the EU competences is analysed. The element of ‘flexibility’ after the Lisbon Treaty is considered including the decreasing role of the flexibility clause. The problematic connection between internal and external competences is reviewed, as well as shared competences and supporting actions and other competences. Finally, this chapter considers the catalogue of competences that has been provided by the Lisbon Treaty, a catalogue that did not exist in the original Treaties, and further, whether a complete catalogue is really possible.

Keywords: competences; separation of powers; EU; member states

Chapter.  12027 words. 

Subjects: EU Law

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