This master thesis deals with the division of competences
between the EU and member states according to the Lisbon
Treaty, which has not yet been ratified by all the member
states. My thesis is divided into four chapters. In the first
chapter, I focus on the origin and nature of EU competence.
Second part is devoted to the analysis of the new legal order
established by the Lisbon Treaty, with an emphasis put on the
new feature – categorisation of competences according to their
nature. The third chapter examines principles of subsidiarity
and proportionality, which represent general limitation of EU
competence. Last chapter deals with the most controversial
topic concerning the possibility of widening EU competence.
Concretely I  focus on the harmonization of national laws,
flexibility clause and passerelle clauses. Present legal order
as well as major decisions of the European Court of Justice are
being referred to in the thesis.