Article 83 TFEU and the EU's Consent Debate: Why the Competence Objection Is Less Convincing Than It Appears

Key Points

• This post examines whether the EU can create a unified consent-based definition of rape through Article 83 TFEU.
• Analyzed the constitutional debate surrounding the 2024 Directive.
• Reviewed arguments related to the competence objection in the context of EU law.
• Argued that the competence objection lacks strong justification.
• Highlighting the potential for EU harmonisation of consent-based definitions.