A long read on national competences and the @eucourtofjustice.bsky.social in the @euconst.bsky.social I tried to make sense of and refute claims that the Court must respect national competences when interpreting substantive EU law (many will be reminded of the “retained powers” formula…).
Dimitri Spieker
Stop the competence confusions, Dimitri Spieker argues in his new article. The vertical division of competencies does not and cannot constrain the CJEU's interpretation of EU law.
Read the piece Open Access at: www.cambridge.org/core/journal...
www.cambridge.org
Competence Confusions: Why the Vertical Division of Competences Cannot Constrain the Court’s Interpretation of EU Law