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
The Actors of Postnational Rule-Making: Contemporary challenges of European and International Law
Routledge

The Actors of Postnational Rule-Making: Contemporary challenges of European and International Law

Elaine Fahey
HKD 1,260.87
Labour and Employment Compliance in Germany 10th Edition
Kluwer Law International

Labour and Employment Compliance in Germany 10th Edition

Gerlind Wisskirchen; Martin Lutzeler
EU Asylum Procedures and the Right to an Effective Remedy
Hart Publishing

EU Asylum Procedures and the Right to an Effective Remedy

Marcelle Reneman
HKD 479.05
The Convention and the Kingdom: How the Netherlands Received the European Convention on Human Rights
Cambridge University Press

The Convention and the Kingdom: How the Netherlands Received the European Convention on Human Rights

Wiebe Hommes
HKD 1,450.15
The Law and Politics of Brexit, Volume IV: The Protocol on Ireland / Northern Ireland
Oxford University Press

The Law and Politics of Brexit, Volume IV: The Protocol on Ireland / Northern Ireland

Federico Fabbrini
HKD 491.66
Viking, Laval and Beyond
Hart Publishing

Viking, Laval and Beyond

Mark R Freedland; Jeremias Prassl
HKD 1,261.00