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The Choice of Legal Basis for Acts of the European Union - Competence Overlaps, Institutional Preferences, and Legal Basis Litigation (Hardcover, 1st ed. 2018)
Loot Price: R3,466
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The Choice of Legal Basis for Acts of the European Union - Competence Overlaps, Institutional Preferences, and Legal Basis Litigation (Hardcover, 1st ed. 2018)
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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.
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