The exercise of EU competences imposes constraints on Member States’ law-making powers (‘internal-sphere pre-emption’) and on their treaty-making powers (‘external sphere pre-emption’). Legal scholarship has extensively analysed external sphere pre-emption and has paid increasing attention to internal-sphere pre-emption. Can a ‘Grand Unification’ theory account for the pre-emption phenomenon in both spheres? To answer that question, the article examines, in each sphere, the function, nature, and scope of pre-emption, as well as the framework the ECJ applies for pre-emption analysis. The examination reveals similarities and differences, discussed in the article’s conclusion.

Exercise of EU Competences and Pre-emption of Member States’ Powers in the Internal and the External Sphere: Towards ‘Grand Unification’?

ARENA, AMEDEO
2016

Abstract

The exercise of EU competences imposes constraints on Member States’ law-making powers (‘internal-sphere pre-emption’) and on their treaty-making powers (‘external sphere pre-emption’). Legal scholarship has extensively analysed external sphere pre-emption and has paid increasing attention to internal-sphere pre-emption. Can a ‘Grand Unification’ theory account for the pre-emption phenomenon in both spheres? To answer that question, the article examines, in each sphere, the function, nature, and scope of pre-emption, as well as the framework the ECJ applies for pre-emption analysis. The examination reveals similarities and differences, discussed in the article’s conclusion.
File in questo prodotto:
File Dimensione Formato  
YEL - Preemption Unification.pdf

non disponibili

Descrizione: File dell'articolo
Tipologia: Documento in Post-print
Licenza: Accesso privato/ristretto
Dimensione 802.46 kB
Formato Adobe PDF
802.46 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11588/633229
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact