دانلود کتاب The Division of Competences between the EU and the Member States: Reflections on the Past, the Present and the Future

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Foreword\nContents\nNotes on Contributors\nPart I General Reflections\n 1\n The Division of Competences between the EU and the Member States: Reflections on the Past, the Present and the Future\n The Ever-Increasing Importance of the Competence Question\n The Legal Principles Limiting EU Competence\n The Problem of Competence Creep\n The Legal Principles Limiting Member State Competence\n Beyond Legislative Competence: The Real Sources of \'Creep\'\n Implications for Legal Practice\n The Way Forward\n Final Thoughts\n 2\n The Competence Divide of the Lisbon Treaty Six Years After\n General Observations\n New Developments Post Lisbon\n What about the Recent Crises and the Competence Divide?\n Conclusion\n 3\n Classifying EU Competences: German Constitutional Lessons?\n Introduction\n German Competence Federalism: Dual Federalism\n European Federalism: Co-operative Federalism (with a Dualist Streak)\n Conclusion(s)\nPart II Areas of Complementary, Sharedand Exclusive EU Competence\n 4\n Exclusive Member State Competences—Is There Such a Thing?\n Introduction\n Retained Competences\n Reserved Competences\n The Lisbon Treaty Reform: New Guarantees for Exclusive Member State Competence?\n Conclusion\n 5\n The Competence to Create an Internal Market: Conceptual Poverty and Unbalanced Interests\n Introduction\n The Legal Basis of Internal Market Competences\n The Conceptual Basis of the Internal Market\n The Most Perfect Market: Full Harmonisation or Managed Diversity?\n What Place for National Interests in Internal Market Competences?\n Establishing a Disembedded Market\n Subsidiarity and Proportionality\n Conclusion\n 6\n Monetary Policy: An Exclusive Competence Only in Name?\n Introduction\n Competence for Eurozone Monetary Policy and Related Policy Areas\n The Fuzzy Boundary between EU Competence for \'Economic\' and \'Monetary\' Policy\n Is Monetary Policy a Genuinely Exclusive Competence?\n Conclusion\n 7\n The EU\'s Exclusive Competence in Competition Law\n Introduction\n Substantive Overlaps and the Legitimacy of Intervention in EU Competition Law\n The Relationship with National Competition Law and NCAs\n Conclusions\n 8\n EU External Competence—Rationales for Exclusivity\n Introduction: Foundations for External Competence\n Exclusivity and Express External Powers\n Exclusivity and the External Dimension of Internal Policies\n Conclusion\n 9\n Competence, Human Rights, and Asylum: What Price Mutual Recognition?\n Competence Clarity in the Post-Lisbon Landscape: An Unachievable Objective?\n Respect for Fundamental Rights: From Constraining Force to Policy\n Migration and Asylum: Selected Developments\n Fundamental Rights and Mutual Recognition: NS and its Aftermath\n Spill-over and Retreat\n Conclusions\nPart III Practical Perspectives\n 10\n The Exclusive Competences of the European Union: Some Random Jottings\n Introduction: Laeken, Lisbon and the Rebranding of Conferral\n Why Classify Competences?\n Exclusive EU Competences\n Have the Laeken Goals Been Achieved?\n Conclusion: A Question Perpetually Arising?\n 11\n The Lisbon Treaty\'s Competence Arrangement Viewed from European Commission Practice\n Exclusive Competence\n Shared Competences\n \'Supporting\' Competence\n Conclusion\n 12\n The Lisbon Treaty\'s Competence Arrangement Viewed by the European Parliament\n The Principle of Conferral\n The Principle of Subsidiarity\n The Principle of Proportionality\n 13\n The Institutional Politics of Objective Choice: Competence as a Framework for Argumentation\n Rules of the Game\n Legal Basis in the Political Process: Crystallisation of a Compromise\n Legal Basis in Competence Litigation\n Conclusions\nPart IV Critical Reflections on Legitimacyand Proposals for Reform\n 14\n Integration through Soft Law: No Competence Needed? Juridical and Bio-Power in the Realm of Soft Law\n Introduction\n From Juridical to \'Bio\' Power\n Bio-Power and Soft Law\n The Power of \'Better\' Regulation\n Bio-Power and the \'Competence Conundrum\'\n 15\n Refining the Division of Competences in the EU: National Discretion in EU Legislation\n Introduction\n National Discretion: A First Encounter\n Towards a Typology of National Discretion\n National Discretion: Indispensable to the Competences Discourse?\n Conclusion\n 16\n The Shifting Powers of the European Parliament: Democratic Legitimacy and the Competences of the European Union\n General\n Parliament\'s Mission\n Supervision\n Legislation\n Budget\n Consultation and Appointments\n Final Remarks\n 17\n De-constitutionalisation of European Law: The Re-empowerment of Democratic Political Choice\n Democratic Aspirations\n The Asymmetric Impact of Excessive Constitutionalisation\n 18\n Restating the Problem of Competence Creep, Tackling Harmonisation by Stealth and Reinstating the Legislator\n Introduction\n The Various Manifestations of Harmonisation by Stealth\n The Democratic Deficit of Harmonisation by Stealth\n Solutions to Harmonisation by Stealth\n Final Thoughts\nIndex