ANAYASAL ANTLAŞMA'DAN SONRA AVRUPA BİRLİĞİ'NDE DİKEY YETKİ DAĞILIMI

Abstract

This article examines the vertical sharing competence between the EU and Member States before and after Constitutional Treaty which is one the crucial issues the EU legal order. The ECJ and Member States' courts have had different approaches to the EU competences stemming from limitation sovereignty or transfer sovereignty. The issue conflict competence and, more importantly, the issue who will make a decision in a case conflict created a crucial uncertainty which affected competence order between the EU and Member States and citizen's rights. In the first part the article, the reader shall be found the determined shortages the current system competence in the EU. Signed in 2004, Constitutional Treaty offered some solutions for these shortages. Constitutional Treaty's provisions for vertical sharing of competence have been unfolded in the second part. Although the provisions bring a detailed system competence into EU legal order, all issues stemming from the vertical sharing competence could have not been solved in toto. Analyzing the provisions in the last part, the article addresses Constitutional Treaty amendments that remain short and create some new issues in the competence system EU legal order. In that regard, after the Constitutional Treaty, the legal form EU is still adversely affected by that incomplete or imperfect system competence. Keywords: EU, Competence, Vertical Sharing ol Competence in EU, Constitutional Treaty