... an in depth review of the delimitation of Community powers.2 In the following paper, the widening powers of the European Community will be outlined and elaborated on in order to provide a relevant background to the present problem concerning the delimitation of Community competence. The origin of European Community competence The European Union gains its competence primarily through Treaty provisions, which confer exclusive power to its institutions to deal with policy matters on behalf of the member states. This procedure, otherwise known as the principle of competence d'attribution is enshrined in Article 5 of the EC Treaty which provides: The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein. As outlined in the above provision, the Community must act within the limits of its powers in order for a Community action to be legal. It is thus axiomatic that ...

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