Has the Problem Concerning the Delimitation of the Community’s Competence been Resolved since the Maastricht Judgment of the Bundesverfassungsgericht? - European Business Law Review View Has the Problem Concerning the Delimitation of the Community’s Competence been Resolved since the Maastricht Judgment of the Bundesverfassungsgericht? by - European Business Law Review Has the Problem Concerning the Delimitation of the Community’s Competence been Resolved since the Maastricht Judgment of the Bundesverfassungsgericht? 13 3

Since the Maastricht judgment the Bundesverfassungsgericht appears to have adopted a more conciliatory approach towards the process of European integration (Alcan, Banana and 9 January 2001 judgments). Similarly, from the Maastricht ruling, the European Court of Justice appears to be more cautious with the issue of the limits of the Community’s competence (Opinion 2/94 and Tobacco Advertising Case). However, the problem concerning the limits of the Community’s competence has not been resolved as shown in Case 285/98 (Tanja Kreil). The principle of flexibility could play a role to the solution of the competence problem. It would prevent a constitutional clash within the Member States and at the same time allow integration to proceed.

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