I poteri impliciti comunitari, l'art. 308 TCE come base giuridica per l'espansione dell'azione comunitaria

Since Mc Culloch vs. Maryland the implied powers theory was used by the US Supreme Court to establish an important role for federal legislation, as a counterpart to the States competences. This is an important standpoint to understand the implied powers clause of flexibility in the EC Treaty, article 308. With this instrument the Community expanded its competences to important areas whereas the members States silently accepted, and subsequently approved amendments to the treaty, with the transposition of the new accomplishments on the primary legislation level. The author questions to which limits this practice can bring the European integration process.