Contested Competences in the European Union

Abstract

What role do rules really play in shaping the behaviour of legislative actors? In theory, competences and procedures provide a framework within which ministers, members of parliament, and senators draft and bargain over legislative proposals. This book looks at competence rules as possible objects of political contestation in the European Union (EU). While competences and procedures are often viewed as fixed constitutional features, this study shows that they are frequently contested and reimagined in practice. Drawing on both historical records and quantitative data, the book demonstrates how the European Commission, Parliament, and Council strategically reshape legal competences to advance their institutional and political goals. Such competence contestation highlights that the questions of who decides, and in accordance with which procedure, are often as contentious as the policy issues themselves. Far from simply following the rules, EU actors adapt their application in response to political pressures, with the Court of Justice providing limited and selective oversight. This dynamic results in recurring legal disputes which, while reducing efficiency and diluting policy focus, have become a stable feature of EU governance. The book offers a comprehensive theoretical and empirical account of these processes, providing new insights into the flexible, political nature of lawmaking in the EU.