Division of Competences Between the European Union and the Member State

Abstract

Starting from the very name of the Scientific Conference "The European Union and the Member States -Legal and Economic Issues", the authors consider that the legislative division of competences between the European Union and the Member States is a key issue for their actions and their mutual relations. Therefore, the aim of the work is to establish a vertical distribution of powers in the European Union and to analyse comparatively the constitutional division of competences between different territorial levels of government in selected European states with federal regulation. The vertical division of competences within the Union is a question of constitutional importance as one of the principles of the structure of authority within its territory. The importance of a vertical division of competences is reflected in particular in the fact that it involves the adoption of very complex decisions on whether a matter should be regulated at a central (European) or at national (state) level. It is important to point out that the process of transferring competence from the higher level (European Union) to the lower forms of territorial organization (Member States) presupposes the instrument and the premise of democratization. At the same time, the range of competences is a form of limitation of the powers of the European Union, within the limits of the competences assigned to it by a primary act. The division of the jurisdiction, apart from legal regulation, has an economic effect. The better the division is, the more effective are the Union and the member states in providing faster and In addition to comparative method, regarding research methodology, the paper uses secondary research and normative and historical method.