Das "Kumulationsverbot" als Grenze außervertraglicher Kooperation in der EU

The increasing tendency of European politics to distance itself from a unified Europe in which all member states move forward together has found its preliminary peak in the “Brexit”. It is therefore all the more important for a strong and future-oriented Europe that its member states provide unified European legislation within the Union treaties, and not forge agreements outside of them, as has recently occurred in the context of the fiscal treaty. An analysis of this treaty illustrates the problem it is not the individual treaties, conforming to Union law, within the scope of Union law themselves poses a danger, but that the danger only arises as a result of a multitude of such treaties. The author examines the implications of this cumulative approach which has, to date, barely been considered in legal literature. Furthermore, she offers specific solutions for limitations on the basis of a legal concept from the field of competition law.