Reference : Within the Scope of European Union Law: Beyond the Principle of Conferral?
Parts of books : Contribution to collective works
Law, criminology & political science : European & international law
Within the Scope of European Union Law: Beyond the Principle of Conferral?
Neframi, Eleftheria mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Constitutional sovereignty and social solidarity in Europe
Van Der Walt, Johan Willem Gous mailto
Ellsworth, Jeffrey mailto
Baden Baden
[en] Charter of Fundamental Rights ; Division of Competences ; Constitutional Conflict
[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?

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