Distribution of Powers in EU External Relations

Rafael Leal-Arcas ()
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Rafael Leal-Arcas: Alfaisal University, College of Law & International Relations

Chapter Chapter 5 in International Trade Relations of the European Union, 2022, pp 65-114 from Springer

Abstract: Abstract This chapter aims at providing insight to the EU’s external relations by analyzing one of the main elements of the competence structure, namely the allocation of competences between the EU and its Member States. The issue of allocation of competences is an internal question for the EU. The allocation of powers is a means to reach an end, that is, better governance. Leaving aside trade policy (where the EU competences should be co-extensive with the WTO) and human rights (where the EU should be given a general competence to adopt any measure which would increase the protection of human rights within the sphere of application of EU law), the EU does not require any increase in its substantive jurisdiction. The issue of allocation of competences is, nevertheless, a central concern and enflames high emotion among the general public, who fear the encroachment of supranational action into areas of national heritage, power, and tradition.

Keywords: Allocation of competences; Legislative competence; Exclusive EU competence; Shared competence; Complementary competence; Non-legislative competence; Executive competence; Legislative acts (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-14076-1_5

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DOI: 10.1007/978-3-031-14076-1_5

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