'Restoring Tasks from the European Union to Member States: A Bumpy Road to an Unclear Destination?

ZBÍRAL, Robert. 'Restoring Tasks from the European Union to Member States: A Bumpy Road to an Unclear Destination? Common Market Law Review. 2015, vol. 52, No 1, p. 51-84. ISSN 0165-0750.

Basic information

• Original name: 'Restoring Tasks from the European Union to Member States: A Bumpy Road to an Unclear Destination?
• Authors: ZBÍRAL, Robert.
• Edition: Common Market Law Review, 2015, 0165-0750.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Confidentiality degree: is not subject to a state or trade secret
• Impact factor: Impact factor: 1.824
• UT WoS: 000350005400003

Abstract

For a long time, integration was viewed as a one-dimensional deepening process consisting of the transfer of Member States' competences to the EU, while the reverse procedure was treated as non-existent. But although re-nationalization might be considered controversial, it does not have to be destructive for the EU. This was openly accepted by the Lisbon Treaty, which specified conditions for exercising competences and introduced the return of EU competences to the Member States as a viable option. This article concentrates on the partial restoration of tasks (contrary to complete repatriation - i.e. withdrawal from the EU), which might be executed either as repatriation through the revision of primary law or as deactivation through repeal of secondary law Attention is given not only to theoretical legal framework, but also to past empirical practice. As results indicate, very few restorations have taken place. The text explores obstacles to re-nationalization and suggests potential solutions.