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