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Description

This innovative book identifies and explains the concepts that determine whether the EU may act.

'Competence' is about more than competence alone: there is also power. Competence is the field in which the EU may act; power is the EU institutions' actual authorisation to act in a field of EU competence. Through a rigorous examination of legal disputes that involve the EU treaties, legislation, case law, and archival evidence, this book illustrates how competence and power differ and why recognising this distinction leads to a more nuanced and precise analysis of whether the EU may act. This will be of interest to EU law scholars and practitioners, but also to international law specialists.

Table of Contents

Introduction

Part 1: Prologue
1. Coal, Steel, and 'Competence'

Part 2: Descriptive
2. The Concepts of 'Competence'
3. Competence (and Power)
4. Power (and Competence)

Part 3: Evaluative
5. The Benefits of 'Competence' (1): Posted Workers
6. The Benefits of 'Competence' (2): Sanctions and Trade

Part 4: A Note of 'Competence' Optimism
7. Filling the Gaps of the Treaty: The Encouraging Road to Article 352

Conclusion

Product details

Published 14 May 2026
Format Ebook (PDF)
Edition 1st
Extent 272
ISBN 9781509990924
Imprint Hart Publishing
Series Modern Studies in European Law
Publisher Bloomsbury Publishing

About the contributors

Author

Hannah Bogaert

Hannah Bogaert is a lawyer at the Brussels Bar and…

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