THE NEW RULES OF DISTRIBUTION OF COMPETENCES BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES IN THE CONTEXT OF THE TREATY OF LISBON (Polish title - below)
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(Title in Polish - 'Nowe reguly dotyczace podzialu kompetencji miedzy Unia Europejska a panstwami czlonkowskimi w swietle Traktatu z Lizbony'). The article deals with the distribution of powers between the European Union and its member states. As a point of departure the author identifies two issues. First of them is the principle of conferred powers, from which it follows that competences not conferred upon the Union remain with the member states. The Treaty of Lisbon introduces practically no change in this respect, therefore, this subject des not require a more detailed examination. Another issue is the distinction between exclusive and non-exclusive competences of EU. This area has been changed substantially by the Treaty of Lisbon. First, the Treaty provides a definition of exclusive competence. Second, it distinguishes various kinds of non-exclusive competences of EU. They are to include shared competences as well as coordinating, complementary and supporting competences. The competences in the field of foreign and security policy and in the field of coordination of economic policy have been regulated separately. The author believes that the most important task is to specify the definition and the scope of operation of exclusive competences of EU. Other issues practically have no considerable consequences. He notices that the list of exclusive competences is shorter than that proposed by the Commission in 1992. He recognizes good intentions of the authors of the Treaty of Lisbon to adopt basic premises of constitutional law in relation to exclusive competences. Nevertheless, he criticizes the solutions adopted, particularly in the sphere of trade policy. The author argues that in the course of drafting the text of the Treaty, its actual authors have not applied a uniform concept of exclusiveness. He also points to the high level of reliance of the adopted provisions on the jurisprudence of the Court of Justice. This relates mostly to the decision to classify the competence in the area of conservation of marine biological resources as an exclusive competence. Doubts may also arise about the inclusion of the entire monetary policy, instead of the issuance of the euro, in the list of exclusive competences. On the other hand, there will probably be no problem with classifying the establishing of the competition rules within this category. .
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