Особенности закрепления компетенций Европейского Союза в учредительных договорах.

THE SPECIFIC FEATURES OF CONSOLIDATING THE COMPETENCES OF THE EUROPEAN UNION IN CONSTITUENT TREATIES

The authors scrutinize how the competence of the European Union (supranational competence) is fixed in the founding treaties. They assume that such assignation is implemented by invoking legal basis and by extensive use of teleological method. On the one hand, the introductory articles of each founding treaty set the main task of the particular community and determine the means of its accomplishment and the scope of community action. On the other hand, all acts of EU institutions, including adoption of secondary legislation, are implemented by invoking legal basis. The authors conclude that the teleological method and legal basis are interconnected and interdependent. The former, being a primary way of assignation of the EU competence, specifies the latter. At the same time, the European Court of Justice interprets the legal basis using the teleological method.