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Kompetencijos pasidalijimas tarp Europos Sąjungos ir jos valstybių narių
Grėbliūnaitė, Eglė |
Vėgėlė, Ignas | Darbo gynimo komisijos pirmininkas / Thesis Defence Board Chairman |
Tamavičiūtė, Vitalija | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Ravluševičius, Pavelas | Recenzentas / Rewiewer |
Daukšienė, Inga | Darbo gynimo komisijos narys / Thesis Defence Board Member |
The delimitation of competences between the European Union and its Member States is one of the most fundamental issues of this supranational organisation and legal order created within its framework. Therefore, the delimitation of powers cannot be incidental, since allocation of functions between institutions of the European Union and those of Member States must be designed in such way that goals of the European Union should be succeeded and national sover-eignty should not be limited. Whereas the Treaty establishing the European Community and Treaty on European Un-ion encompass very detailed and incoherent catalogue of competences, the existing system of delimitation of competences has been widely criticised. Since the delimitation of competences lack clarity, citizens of the European Union face difficulties in understanding what powers the European Union has and what powers remain to their national governments. Neither legal schol-ars nor case-law of the European Court of Justice provide clear answer what powers may be at-tributed to the exclusive competence of the European Union or Member States. Furthermore, special legal instruments created and developed within the framework of the European Union, namely principles of subsidiarity, proportionality and attributed powers, are not of much help in practical situations as well. Although the issue of delimitation of competence has been the subject of the attention of the European Court of Justice, only the Constitution of the European Union tries to provide clear and coherent system for delimitation of powers between the European Union and its Mem-ber States. This international treaty is not in effect yet, however, it provides for guidelines of the future development of the European Union itself and legal order created and existing within its framework. By reason of Lithuania’s membership in the European Union, Lithuania was obliged to transfer certain legislative and judicial powers to the Union’s institutions. The basis of such tran-sfer is enshrined in the constitutional norms, namely the Constitutional Act on Participation of the Republic of Lithuania in the European Union, adopted by the Lithuanian Parliament Seimas as of 13 July 2004. This legal instrument sets out the principles of supremacy and direct effect of the European Union law, as well as provision saying that the law of the European Union is a part of Lithuanian legal system. In addition, the Constitutional Act solves the question of the transfer of certain legislative and judicial powers to institutions of the European Union.