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The Question of Competence in the European Union$
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Loïc Azoulai

Print publication date: 2014

Print ISBN-13: 9780198705222

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198705222.001.0001

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EU Law and Retained Powers of Member States

EU Law and Retained Powers of Member States

(p.168) 8 EU Law and Retained Powers of Member States
The Question of Competence in the European Union

Lena Boucon

Oxford University Press

This chapter examines a neglected phenomenon that occurs in a large number of negative integration cases decided by the European Court of Justice — jurisdictional conflicts between European powers and the retained powers of Member States. It focuses on the European Court of Justice free movement cases , i.e. cases in which it interprets EU primary law, whether the four fundamental freedoms or EU citizenship provisions. Most of these cases comprise analogous formulae, whereby the Court asserts that even though the field at issue falls within Member States' powers, the latter must exercise such powers consistently with European law. It is argued that the Court uses such line of reasoning to subject cases involving very heterogeneous fields to a specific legal framework.

Keywords:   European Court of Justice, EU law, negative integration, jurisdictional conflicts, state power, free movement

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