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Abuse of Law in the European Union: The Rise of a Special General Principle

Abuse of Law in the European Union: The Rise of a Special General Principle

Author: Luca Pantaleo
Publisher: T.M.C. Asser Press
ISBN: 9789462657304
Published In: October 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,595.00

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Description
Contents

Details

This book centres on the principle of abuse of law in the EU legal order. It deals with this subject from both a practical and theoretical perspective, as it provides a thorough assessment of the relevant case law of the Court of Justice as well as an in-depth analysis of the theoretical foundations of this principle.

The monograph looks to provide a general, comprehensive examination of the topic in order to systematise it in a coherent framework. By doing so, it intends to fill a gap in the current literature.

The book argues that abuse of Union law is a general principle of EU law with special features, which carries out two main functions: on the one hand, it ensures that EU rights are exercised in a manner that is consistent with the purpose for which they have been granted; on the other hand, it has a second and more fundamental function. For it is aimed at guaranteeing the systemic coherence of the system, ultimately serving the universal notions of justice and fairness, contributing to the further development and progress of EU law over time.

The monograph should prove beneficial primarily to those who conduct fundamental research in EU law but also to practitioners, given that the practical applications of this principle have significantly increased in recent years.

1. At the Edge of the Law: Mapping the Terrain of Abuse in the EU Legal Order

2. Abuse of Law in Municipal Legal Orders and International Law: An Overview

3. Analysis of the Court of Justice's Case Law

4. The Scope of Application of the Principle of Abuse of Law in the EU Legal Order

5. The Purpose and Function of Abuse of Law in the Union Legal Order

6. Concluding Reflections: Abuse of Law and the Maturation of the EU Legal Order

Index