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The Choice of Legal Basis for Acts of the European Union: Competence Overlaps, Institutional Preferences, and Legal Basis Litigation

The Choice of Legal Basis for Acts of the European Union: Competence Overlaps, Institutional Preferences, and Legal Basis Litigation

作者： Annegret Engel
出版商： Springer-Verlag
ISBN: 9783030002732

出版时间 September 2018
规格： Hardback
适应领域： Switzerland ? 免责申明：
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9783030130992

￥1,374.28

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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.
Introduction
Conflicts between the Union's different types of competences
The choice of legal instrument - a choice of legal basis?
The choice of legislative procedure - a matter of institutional preference?
The sui generis nature of external competences
Conclusions.

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