Exact(3)
It must be obligatory for the governments of the constitutional entities to participate in the meetings of the Council when issues are being dealt with which affect their exclusive competences, as in the case of taxation in the Basque Country.
I am not a legal expert at all, but I have not found a legal basis in the current Treaties that would explicitly authorise the Community wholly or partially to surrender its exclusive competences for the benefit of the Member States.
So the question now is this: is it legally possible, given the current state of the Treaties and the case-law of the Court, to allow the Member States to exercise one of the Community's exclusive competences and, if so, under what conditions?
Similar(56)
Intelligence is the exclusive competence of member states.
The EU's exclusive competence in trade gives it real bargaining power.
The framework agreement plainly assigns exclusive competence for "law enforcement" and "internal security" to the population of Western Sahara.
"The European Commission has exclusive competence to review mergers that fall under its rules," as this one does, said a commission spokeswoman, Amelia Torres.
Told that the EU claims "exclusive competence" in competition policy, a spokesperson for the treasury ministry replies crisply: "Maybe they do".
Not being an international lawyer, I have no idea what it means to give one court "exclusive competence" — another way of saying exclusive jurisdiction — but then to add that that statement is "without prejudice" to the competence of another court.
With regard to regional legislation, the five special regions have exclusive competence in certain fields—such as agriculture, forestry, and town planning while the ordinary regions have competence over them within the limits of fundamental principles established by state laws.
2. Any dispute arising from a matter relating to the relationship referred to in paragraph 1 falls under the exclusive competence of the courts of Frankfurt am Main, without prejudice to the competence of the Court of Justice of the European Communities.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com