The Broadening of EU Competences Through the Case Law of the Court of Justice: Myth or Reality?

This keynote speech responds to criticism that is expressed from time to time to the effect that the Court of Justice would favour an extensive interpretation of EU competences and of the material scope of EU law, in violation of national sovereignty. It demonstrates that portraying the Court of Justice as a biased promotor of a ‘centralist’ vision of the EU is not correct. Member States regularly succeed in disputes with the EU over competence or the scope of application of EU law, irrespective of the legal area concerned. Moreover, the Court deals with those issues on the basis of settled, non-contentious principles such as effectiveness and institutional balance, and in accordance with stable methods of interpretation.