EAN: 9783030002732

THE CHOICE OF LEGAL BASIS FOR ACTS OF THE EUROP...

This book provides the first comprehensive discussion of conflicts between legal bases in EU
law. It fills an important gap in the existing literature on the choice of legal basis in EU
law by analysing the structure of legal bases and the resulting legal basis litigation in the
European Union  thus identifying areas of conflict produced by overlapping competences 
divergent inter-institutional interests  and inconsistencies in the courts¿ judgements. While
certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising
ECOWAS)  there has been little analysis of the general underlying criteria and principles
governing the choice of legal basis on the part of European institutions. Such an analysis has
however  become necessary in order to better understand and possibly predict judicial outcomes
and to identify flaws in the current legislative framework.

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