Volume 52 (2015)

Volume 52 (2015) / Issue 1

Robert Zbíral, 'Restoring tasks from the European Union to Member States: A bumpy road to an unclear destination?' (2015) 52 Common Market Law Review, Issue 1, pp. 51–84

Abstract

For a long time, integration was viewed as a one-dimensional deepening  process consisting of the transfer of Member States' competences to the  EU, while the reverse procedure was treated as non-existent. But although  re-nationalization might be considered controversial, it does not have to  be destructive for the EU. This was openly accepted by the Lisbon Treaty,  which specified conditions for exercising competences and introduced the  return of EU competences to the Member States as a viable option. This  article concentrates on the partial restoration of tasks (contrary to  complete repatriation - i.e. withdrawal from the EU), which might be  executed either as repatriation through the revision of primary law or as  deactivation through repeal of secondary law. Attention is given not only  to theoretical legal framework, but also to past empirical practice. As  results indicate, very few restorations have taken place. The text explores  obstacles to re-nationalization and suggests potential solutions.

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ISSN: 0165-0750
ID: COLA2015003