Charter of Fundamental Rights; Division of Competences; Constitutional Conflict
Abstract :
[en] Constraints on the exercise of the Member States reserved competence, and thus beyond the limits of the competence conferred upon the Union, are identified “within the scope of European Union law”. The expression designates both the case of conflict between the exercise of retained Member States competence and specific obligations stemming from European Union law, and the case where the constraint consists in submitting Member States’ action to the field of application of the Charter of fundamental rights of the European Union. Is the strict interpretation of the limits of EU law the only way to address the principle of conferral as a guarantee for the Member States’ sovereignty?
Disciplines :
European & international law
Author, co-author :
NEFRAMI, Eleftheria ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
yes
Language :
English
Title :
Within the Scope of European Union Law: Beyond the Principle of Conferral?
Publication date :
2015
Main work title :
Constitutional sovereignty and social solidarity in Europe
