Article

The Constitutional Context of (Ever–Wider) Policy–Making

Stephen Weatherill

in The Oxford Handbook of the European Union

Published in print August 2012 | ISBN: 9780199546282
Published online January 2013 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199546282.013.0040

Series: Oxford Handbooks in Politics & International Relations

 The Constitutional Context of (Ever–Wider) Policy–Making

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There is a temptation to suppose that the creation and maintenance of an integrated trading area in the EU brings with it a need for a general regulatory competence vested in the EU institutions. The Treaties, however, do not so provide. The competences and powers of the EU are no more than those conferred upon it by its Treaties, and are limited to and by that mandate. That it may seem desirable for the EU to act in a particular way may collide with the constitutional point that its Treaties do not permit such action. In this sense all choices and preferences about the nature and scope of policy making in the EU are underpinned by constitutional constraints that are particular to the EU. This article presents an account of those constitutional constraints in law and in practice.

Keywords: EU competence; treaties; policy making; constitutional constraints

Article.  5877 words. 

Subjects: Politics ; European Union ; Politics and Law

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