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Member State competence

The right of the Member States to legislate on their own.

Basically, the EU only has the power to legislate when it is clearly conferred upon it. Topics not mentioned as common tasks in the European treaties therefore automatically remain under the power (competence) of the Member States.

However, the EU Court has been able to employ novel interpretation to increase EU integration by legalising EU decisions in areas that were Member States competence prior to the Court's new interpretation.

The Danish government has not been able to deliver one single example on a Danish law which cannot be touched upon by the Lisbon Treaty.

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