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Analysis reveals the court's approach to adjudicating EU law, suggesting subsidiarity and proportionality shape its margin of appreciation.
Vertical division of competences as a limit for the Court’s interpretation of EU law – Distinction between Union competences and institutional powers – Distinction between ‘Verbandskompetenz’ and ‘Organkompetenz’ – Principles of conferral, subsidiarity, and proportionality – Article 5 TEU – Retained powers – ‘Compétences encadrées’ – Jurisdiction – Judicial function – Difference between legislating and adjudicating – Judicial development of the law – ‘Rechtsfortbildung’ – Deference – Margin of appreciation
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Luke Dimitrios Spieker (2025) studied this question.
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