A Study on the Issue and Formation Path of EU's"Competence Creep"in the Era of Crises
The issue of"Competence Creep"emerged along and has in turn deepened the European integration process.It has as well enhanced the ability of the EU institutions to deal with problems and even crises in the integration process,which at the same time have gradually"invaded"into the areas where the member states enjoy reserved competences.The judicial restraint of EU judicial organs is one of the reasons why this problem arises.The ongoing complex crises faced by the EU since the entry into force of the Lisbon Treaty provide legiti-macy for the EU to take measures with a harmonizing effect in areas where the member states retain competences.In the face of the crises,the EU has gradually formed a new path to use fiscal policy as a tool to achieve harmonization of the domestic policies of the member states,namely,"Competence Creep through Fiscal Policy".Although the relevant judicial decisions of the European Court of Justice on this path have resolved some of the legal dis-putes concerned,they have avoided the issue of the detriment that this path has done to the principles of Conferral and Solidarity.This path actually entrusts the financially powerful countries with the"right to intervene in the domestic affairs"of the member states in a rela-tively weak financial position.The inequality of political power among the member states brought about by the imbalanced financial resources has laid down the seeds for structural contradictions to the European integration process.
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