Division of Competences between the EU and the Member States

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.

• Part I: General Reflections1. The Division of Competences between the EU and the Member States: Reflections on the Past, the Present and the Future Sacha Garben and Inge Govaere2. The Competence Divide of the Lisbon Treaty Six Years After Christiaan Timmermans3. Classifying EU Competences: German Constitutional Lessons?Robert SchützePart II: Areas of Complementary, Shared and Exclusive EU Competence4. Exclusive Member State Competences—Is There Such a Thing?Bruno De Witte5. The Competence to Create an Internal Market: Conceptual Poverty and Unbalanced Interests Gareth Davies6. Monetary Policy: An Exclusive Competence Only in Name? Michael Waibel7. The EU’s Exclusive Competence in Competition Law Pablo Ibáñez Colomo8. EU External Competence—Rationales for Exclusivity Marise Cremona9. Competence, Human Rights, and Asylum: What Price Mutual Recognition? Takis TridimasPart III: Practical Perspectives10. The Exclusive Competences of the European Union: Some Random JottingsKieran Bradley11. The Lisbon Treaty’s Competence Arrangement Viewed from European Commission Practice Karen Banks12. The Lisbon Treaty’s Competence Arrangement Viewed by the European Parliament María José Martínez Iglesias13. The Institutional Politics of Objective Choice: Competence as a Framework for Argumentation Päivi LeinoPart IV: Critical Refl ections on Legitimacy and Proposals for Reform14. Integration through Soft Law: No Competence Needed? Juridical and Bio-Power in the Realm of Soft Law Mark Dawson15. Refining the Division of Competences in the EU: National Discretion in EU Legislation Ton van den Brink16. The Shifting Powers of the European Parliament: Democratic Legitimacy and the Competences of the European Union Gregorio Garzón Clariana17. De-constitutionalisation of European Law: The Re-empowerment of Democratic Political Choice Fritz W Scharpf18. Restating the Problem of Competence Creep, Tackling Harmonisation by Stealth and Reinstating the Legislator Sacha Garben

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.