Quotation Klamert, Marcus. 2010. Conflicts of Legal Basis: No Legality and No Basis but a Bright Future under the Lisbon Treaty?. European Law Review 35 (4): 497-515.


RIS


BibTeX

Abstract

This article's focus is on the two main issues governing the choice of the correct legal basis against the background of changes introduced by the Lisbon Treaty. The first part addresses the Court's over-reliance on preambles in determining the predominant aim of a Union measure in recent case law. In the second part of this article it is examined which procedure should apply when a Union instrument must be based on two or more incompatible legal bases. Contrary to the prevailing opinion, it is argued that neither case law nor considerations of institutional balance can be invoked to claim that the legal basis giving greater rights of participation to the European Parliament must be chosen.

Tags

Press 'enter' for creating the tag

Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal European Law Review
Citation Index SSCI
Language English
Title Conflicts of Legal Basis: No Legality and No Basis but a Bright Future under the Lisbon Treaty?
Volume 35
Number 4
Year 2010
Page from 497
Page to 515
Reviewed? Y

Associations

Projects
Loyalty in the European Union - with a special focus on the law of external relations
People
Klamert, Marcus (Former researcher)
Organization
Institute for European and International Law (Details)
Research areas (Ă–STAT Classification 'Statistik Austria')
5112 European law (Details)
5218 Constitutional law (Austrian-, European-) (Details)
Google Scholar: Search