Scope and Exercise of the Exclusive Competences of the Member States of the European Union

E. Krzysztofik
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Abstract

The process of European integration has introduced the Member States into a new legal reality. The existing exclusivity in the area of competence implementation has been replaced by a two-stage model of their exercise. The Member States, when conferring part of their supervisory powers, did not specify the scope of their own competences. The so-called European clauses were analysed in the Constitutions of selected Member States, which showed that they define the recipient of the conferral and, in a non-uniform manner, specify the subject of the conferral. The analysis of the indicated provisions clearly shows that the Constitutions of the Member States exclude full conferral of competences on the European Union. There is no specification of the scope of competences that may be conferred. However, this issue was addressed by Constitutional Courts of the Member States. The article refers to the judgements of the German Federal Constitutional Court and the Polish Constitutional Court. It has been shown that they equate exclusive competences of the Member States with the scope of the concept of constitutional identity reduced to basic principles of the state. The Court of Justice of the European Union analysed the scope of competences of both entities. The article presents the analysis of judgements on: entries in Civil Registry regarding transcription of surnames, the issue of recognition of same-sex marriages, reform of the judiciary system in Poland, and the application of the Charter of Fundamental Rights in the areas that do not fall under EU competence. Regardless of the division of competences, the EU is bound by the principle of respect for national identity of the Member States, including constitutional identity. It both obligates the EU to respect the exclusive competences of the Member States and is a premise restricting the achievement of EU objectives.
欧洲联盟成员国专属权限的范围和行使
欧洲一体化进程使各成员国进入了一种新的法律现实。在权限执行领域现有的排他性已被其行使的两阶段模式所取代。各成员国在授予其部分监督权力时,没有具体说明其自身权限的范围。在选定会员国的《宪法》中分析了所谓的欧洲条款,结果表明,这些条款界定了授予的接受者,并以不统一的方式具体规定了授予的主题。对所指出的条款的分析清楚地表明,各成员国的《宪法》排除将职权完全授予欧洲联盟。没有具体说明可授予的权限范围。但是,会员国的宪法法院处理了这个问题。该条提及德国联邦宪法法院和波兰宪法法院的判决。已经表明,它们将会员国的排他性权限等同于简化为国家基本原则的宪法认同概念的范围。欧洲联盟法院分析了这两个实体的权限范围。本文分析了民事登记处关于姓氏转录的判决、承认同性婚姻的问题、波兰司法制度的改革以及《基本权利宪章》在不属于欧盟管辖范围的领域的适用。无论权限如何划分,欧盟都受到尊重成员国民族认同的原则的约束,包括宪法认同。它既要求欧盟尊重成员国的专属权限,也是限制欧盟目标实现的前提。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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