II.2 Reforming the Union´s Competencies
II.2.1 A Clear-Cut Catalogue of Competences?
The issue of competences of the European Union and their separation from national competencies of member states had already been prominent in the Laeken Declaration and was intensely discussed by the Convention afterwards. The attribution of competences within the EU is generally based on the "principle of (limited) conferral". Thus, every single competence, which the EU disposes of, needs to be explicitly conferred by the member states and determined in the treaties, which has successively been done so far. Due to ad hoc rather than systematically taken decisions on conferral of competences, member states have created a dense and complex network of various EU-competences and corresponding procedures. The complexity is even increased by the so called 'article of conferral' - Art. 308 TEC. Therefore, a clear-cut 'catalogue of competences' was demanded, but could not be established to its full extend. On the one hand the '(limited) principal of conferral' remains to be the foundation of attribution of competences (Art. I-11 TCE), so that competences are explicitly determined for each policy area (part III TCE) by the Constitutional Treaty. On the other hand Art. I-12 TCE defines so called 'categories of competences', which define the attribution of competences to national and EU-level in general terms and assign them to specific policy areas. Even though, the differentiation between 'exclusive competences', 'competences shared with member states' and 'coordinating competences' seems to increase the transparency of the system, complexity remains due to the perpetuation of the 'principle of (limited) conferral'.
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