Comment by rbehrends
2 days ago
> The EU does not so as time passes the EU's power keeps creeping up.
Actually, the EU has the same concept of enumerated powers (called "competences" in the case of the EU). They are listed in articles 2-6 TFEU [1]. You may argue over whether the EU has too many competences or (in some areas) too little, but it's the same principle. The EU cannot legislate outside areas where power has been expressly conferred to it by the treaties.
This is in fact one point of contention over the "chat control" legislation. It is supposed to be enacted under the "internal market" competence, but similar to the US commerce clause, there is a legal debate over whether that competence is actually sufficient to enable such legislation or whether it is legal cover for encroachment on competences reserved to the member states.
This would of course be up to the ECJ to decide, just as the US Suprement Court would have to decide if any given US federal legislation is covered by the commerce clause.
In addition, there is the Charter of Fundamental Rights, and the ECJ could also strike down EU legislation (as it has done before) if it violates the rights protected by the Charter.
[1] https://en.wikisource.org/wiki/Consolidated_version_of_the_T...
One key tool of power creep are those very treaties. Let's do one more treaty and had things in the small prints. Of course the member states drafted and agreed to those and that's why pressure should be on governments to stop hand over the keys to Brussels.
That's in addition to the constant Commission push for more power and they often overstep their role... We're seeing clearly on issues like Ukraine and, lately Israel.
> Of course the member states drafted and agreed to those and that's why pressure should be on governments to stop hand over the keys to Brussels.
What specific example are you thinking of where additional power was handed to Brussels through an amendment of the treaties?
> That's in addition to the constant Commission push for more power...
If you are worried about the executive trying to expand its power (and something that should be kept in check), may I suggest that the US is not actually a great example right now for how to avoid that?