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

European Union Law

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

By Annegret Engel
Springer-Verlag October 2019

Specifications

ISBN-13
9783030130992
Publisher
Springer-Verlag
Publication
October 2019
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
HKD 997.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from European Union Law

View all
Abuse of Law in the European Union: The Rise of a Special General Principle
T.M.C. Asser Press

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

Luca Pantaleo
HKD 1,595.00
Fleeing Homophobia
Routledge

Fleeing Homophobia

Thomas Spijkerboer
HKD 1,828.45
The OLAF Regulation: A Commentary on the Regulation Concerning Investigations Conducted by the European Anti-Fraud Office (OLAF) Pre-order
Edward Elgar Publishing

The OLAF Regulation: A Commentary on the Regulation Concerning Investigations Conducted by the European Anti-Fraud Office (OLAF)

Pierre Hauck
HKD 5,926.70
The Legal Limits of Direct Democracy: A Comparative Analysis of Referendums and Initiatives across Europe
Edward Elgar Publishing

The Legal Limits of Direct Democracy: A Comparative Analysis of Referendums and Initiatives across Europe

Daniel Moeckli; Henri Ibi
HKD 1,462.76
Fundamental Rights in the EU: A Matter for Two Courts
Hart Publishing

Fundamental Rights in the EU: A Matter for Two Courts

Sonia Morano-Foadi; Lucy Vickers
HKD 1,261.00
Smart Products: Münster Colloquia on EU Law and the Digital Economy VI
Hart Publishing

Smart Products: Münster Colloquia on EU Law and the Digital Economy VI

Sebastian Lohsse; Reiner Schulze; Dirk Staudenmayer
HKD 945.75