PP982
Analítico de Periódico
BARTOLONI, M. Eugenia
Competenze puramente statali e diritto dell'Unione europea / M. Eugenia Bartoloni
Il Diritto dell'Unione Europea, Roma, n.2 (2015), p.339-365
DIREITO COMUNITÁRIO, COMPETÊNCIA DA COMUNIDADE, COMPETÊNCIA NACIONAL
The present contribution intends to explore the relationship between EU law and purely internal competences of Member States (MS). This specific category of national powers corresponds to fields where EU regulatory powers are non-existent, or in any case, very limited. This means that, with respect to the EU legal order, MS were free to exercise such powers as they pleased. However, the various developments of the Court’s case law are progressively altering this discretionary character, since they tend to restrict the regulatory freedom enjoyed by MS. Indeed, the ECJ has developed, as is well knows, a formula the effect of which is to circumscribe the scope of Member States’ powers. This formula states that even though the field at issue falls within Member States’ powers, the latter must nonetheless exercise such powers consistently with EU law. In particular, the present article attempts to analyze the argument encapsulated in this formula and, so doing, to looks at the way in which EU law imposes negative limits upon the powers retained by the MS. This purpose is fulfilled by using twofold parameter: on the one hand, the nature of “link” or “nexus” that connects national power with EU law; on the other hand, the type of norm or principle used as criterion of lawfulness in order to assess the compliance with EU law of a national measure. The outcome of this dual examination should permit to define the scope not only of the formula, but also of the extent of the obligations imposed on the MS.