Volume 13 (2002) / Issue 3
Yiannos S. Tolias, 'Has the Problem Concerning the Delimitation of the Community’s Competence been Resolved since the Maastricht Judgment of the Bundesverfassungsgericht?' (2002) 13 European Business Law Review, Issue 3, pp. 267–293
Since the Maastricht judgment the Bundesverfassungsgericht appears to have adopted a more conciliatory approach towards the process of European integration (Alcan, Banana and 9 January 2001 judgments). Similarly, from the Maastricht ruling, the European Court of Justice appears to be more cautious with the issue of the limits of the Community’s competence (Opinion 2/94 and Tobacco Advertising Case). However, the problem concerning the limits of the Community’s competence has not been resolved as shown in Case 285/98 (Tanja Kreil). The principle of flexibility could play a role to the solution of the competence problem. It would prevent a constitutional clash within the Member States and at the same time allow integration to proceed.
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