This chapter distils the key insights from the case law on abuse of Union law, organising them into a coherent and logical framework to clarify the nature and scope of this general principle within the EU legal order. It defines abuse of law as a “special” general principle, explaining the reasons behind this. It also provides a typology of abuse of Union law and examines its interaction with other principles, as well as with secondary legislation. As a core part of the monograph, it presents several significant conclusions while also drawing attention to a number of questions that remain open to debate.

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The Scope of Application of the Principle of Abuse of Law in the EU Legal Order

  • Luca Pantaleo

摘要

This chapter distils the key insights from the case law on abuse of Union law, organising them into a coherent and logical framework to clarify the nature and scope of this general principle within the EU legal order. It defines abuse of law as a “special” general principle, explaining the reasons behind this. It also provides a typology of abuse of Union law and examines its interaction with other principles, as well as with secondary legislation. As a core part of the monograph, it presents several significant conclusions while also drawing attention to a number of questions that remain open to debate.