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GARBEN S. - Constitutional and Substantive Aspects of the Division of Competences between the EU and the Member States (25h)

The aim of the course is to explore the legal dimensions of the 'power bargain' struck between the Member States and their Union, and the on-going power struggle between them. It aims to analyse in detail the legal limits on European integration and EU action, as well as the legal limits on Member States' powers, which raise existential questions about the nature of the EU as a federal order and the nature of the Member States as independent nation states. It aims to show the inherent limitations of relying on a legal approach of delimiting competences as a way to contain European integration considering the dynamics of the EU legal order, and it aims to encourage reflection on alternative ways to protect national identities, self-detemination and subsidiarity (overall, to protect democracy) in Europe.

It covers theoretical framework, critical assessment of the current system and reflections on reform.

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