The delimitation and the use of EU competences

Sacha Garben

Chapter 16 in Research Handbook on European Constitutional Law, 2026, pp 283-302 from Edward Elgar Publishing

Abstract: This chapter explores the division of competences between the EU and the Member States in the EU legal order. It will set out the current Treaty provisions governing the EU competence constellation, reflecting on the reforms brought by the Lisbon Treaty. The chapter will show that these reforms have, however, failed to deliver on their core objectives of providing more ‘clarity’ and ‘containment’. By doing little to change the dynamic expansion of Union authority into ever wider fields, but by claiming to do precisely that, the competence provisions of the Lisbon Treaty have made matters worse. To demonstrate this, the chapter will analyse the various ways in which ‘competence creep’ continues, and why this is constitutionally problematic. In this regard, it will distinguish indirect legislation, negative integration, soft law and policy coordination, EU external action and parallel action by the Member States as different manifestations of competence creep.

Keywords: Competence; Competence Creep; Conferral; Legislation; Negative Integration; Soft law (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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