Режимът на компетентност на ЕС като ориентир за приложното поле на Правото на ЕС
The competence regime of the EU as a reference for the field of application of EU Law

Establishing a link with matters in which the EU has competence

Summary/Abstract: On the face of it, it makes most sense to assume that matters in which the EU does not have competence do not fall within the scope of EU law. The Court of Justice of the European Union, however, comes up with numerous disparate and at times obviously conflicting views. Therefore, determining the existence of a link with EU law would take more than a mere formalistic approach.“Falling within the fields of competence conferred on the EU” or “being formally regulated by a Union legal act/Union law rule” would be insufficient to establish the existence of a link of a matter/situation with EU law. Conversely, it would not suffice to establish simply that the EU lacks competence in a particular matter in order to assume that this matter is not at all linked with EU law.

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