Juridisk Institut

The Prohibition of Abuse of EU Law: A Special General Principle

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A thin line exists between, on the one hand, the legitimate use of EU law; and on the other hand, the illegitimate abuse of EU law. The Court has unambiguously established that there is a general principle on the prohibition of abuse of EU law, yet, it is different compared to other general principles of EU law, as it limits the applicability and scope of rights derived under EU law; thus making it a special general principle. Like every general principle of EU law however, it has its requirements, scope, limits, consequences, and procedural elements. For this general principle, it is apparent there are competing obligations placed upon national administrative and judicial bodies. Firstly, they have an obligation to ensure genuine rights under EU law can be relied upon. Secondly, they have the right and a duty to ensure the general principle is applied to prevent abuse of EU law from occurring. This chapter will bring about a greater understanding of the general principle, and how it is applied in practice, underlining the nature of the prohibition of abuse of EU law as a special general principle.
OriginalsprogEngelsk
TitelResearch Handbook on General Principles of EU Law
RedaktørerKatja Ziegler, Päivi Neuvonen, Violeta Moreno-Lax
UdgivelsesstedCheltenham
ForlagEdward Elgar Publishing
StatusAccepteret/In press - 2020
SerietitelResearch Handbooks in European Law

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