Who Does What? On the Distribution of Competences Among the European Union and the Member States

Abstract

The aim of this contribution is to investigate how viable criteria can be found for the optimal distribution of competences among the EU and the member states. The question of ‘who does what’ belongs to the most important questions one can ask in multilevel legal orders such as the European Union. It is a question that goes to the root of thinking about not only the foundations of European private law, but also of law in general in a globalising society. My starting point in discussing the issue is that the debate on distribution of competences in the EU should not be seen as merely a sign of Euro-scepticism. It would be wrong if the British and Dutch governments have the preconceived view that certain competences surely do not belong at the European level. But this is, unlike the reading of the German and French governments, not my interpretation of these initiatives. Cameron and Rutte seem to aim for an objective assessment of the question at which level a competence belongs. This is confirmed by the first six reports published as part of the British review of competences. These reports are rather positive and generally highlight the benefits of European integration for the UK.