Problematika određivanja nadležnosti Evropske unije

Zečević, Slobodan (2014) Problematika određivanja nadležnosti Evropske unije. Evropsko zakonodavstvo, 14 (47-48). pp. 11-29. ISSN 1451-3188

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Abstract

Division of powers between the European Union and its member states is a politically delicate matter. Actually, transfer of powers to the Union implies the reduction of powers of its member states. This calls into question the sovereignty of the latter ones. Historically, the expansion of powers of the European Community and later of the European Union was based on two foundations. It has its legal form in amendments to the agreement, on one part, but apart from this, powers expanded tacitly on the basis of the interpretation of the Treaty Establishing the European Community and through the legal practice of the Court of Justice, on the other. The 2009 Lisbon Treaty has codified division of the powers which exclusively belong the European Union, the powers which are shared by the Union and the member states and the powers in the field where the European Union could only support the arranging activities of the states. Moreover, it has defined the mechanism for limiting the spillover of powers for the benefit of the European Union, this even providing regression or actually retrieval of fields which were regulated by the Union to the sphere of competences of the member states. This has called into question the principle of irretrievable transfer of powers from the member states to the European Union institutions.

Item Type:	Article
Subjects:	J Political Science > JN Political institutions (Europe) J Political Science > JX International law J Political Science > JZ International relations
Depositing User:	Mr Petar Milutinović
Date Deposited:	16 Sep 2024 12:49
Last Modified:	16 Sep 2024 12:49
URI:	http://repo.ies.rs/id/eprint/101

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