Abstract
Before the ToL, the only mention of categories of competences was in Article 5(2) TEC introduced by the ToM in the context of subsidiarity. The aims with drafting Articles 2–6 TFEU were clarification and containment. The latter was especially important for Germany in order to counter a perceived ‘competence creep’. The principles governing the competence order of the EU are enshrined in Article 5 TEU.
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