Legal Problems of Determining the Exclusive Competence of the European Community

Abstract

During its history the European Community comprising together with Euroatom the first pillar of the European Union constantly increased its powers thus forming a complex mechanism. The creation in 1992 of the second and the third pillars lead to further complication of the internal structure of the European integration formations. This lead to different approaches in determining the powers of the European Community among scholars and disputes between member-states and national bodies.The author conducts a substantial analysis of the legal documents, writings of scholars and cases of the European Court in this respect. Thus he creates a full picture and gives a wide coverage of the topic concerned and also helps to look at the problem at different angles as many opposing views are analyzed and the author tries to find the common solution on which most of the scholars agree. The author comes to a conclusion that now it is very difficult to pinpoint the exclusive powers of the European Community and that this can be resolved by the adoption of the relevant laws. The European Court does not give a clear solution to this problem either. The author explains this fact by the political importance and the complexity of the question.The main conclusion the author arrives to is that uncertainty in the amount of the exclusive powers of the European Community leads to the necessity of political coordination and amendment of incorporation documents of each level of European integration. This in turn sometimes leads to political crises and legal collisions. That is why determining the exact limits of exclusive powers of the European Community are vital for the European Union.