- The European Union and ACTA - or making omelettes without eggs (again)
- Volume | Issue number
- 42 | 1
- Pages (from-to)
- Document type
- Faculty of Law (FdR)
- Amsterdam Center for European Law and Governance (ACELG)
Institute for Information Law (IViR)
The Anti-Counterfeiting Trade Agreement (ACTA) has been cooking for some time now. Some ingredients to that dish are missing though - notably, a clear competence of the European Union. In fact, the Union's struggle for an expansion of its powers - especially in the area of harmonization of national laws with a basis on internal market considerations - has led some doctrine to express concerns whether the relevant provisions could give the EU carte blanche to harmonize in a wide variety of subjects. In the pre-Lisbon era, some authors have called this tendency "competence creep".
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