Building on the conclusions reached in the preceding chapters, particularly in Chap. 4 , this chapter advances the analysis by shifting the focus to its theoretical underpinnings. It explores the purpose and function of abuse of law within the Union legal order and examines its broader implications for the general concept of abuse of law. The chapter seeks to address several fundamental questions, including: what is the normative role of abuse of law in the Union’s legal architecture? What contribution does it make to the broader understanding of abuse of law as a legal concept? It argues that abuse of Union law ultimately serves to safeguard the internal coherence of the EU legal order and promote overall justice and fairness, in line with analogous doctrines found in other legal systems.

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The Purpose and Function of Abuse of Law in the Union Legal Order

  • Luca Pantaleo

摘要

Building on the conclusions reached in the preceding chapters, particularly in Chap. 4 , this chapter advances the analysis by shifting the focus to its theoretical underpinnings. It explores the purpose and function of abuse of law within the Union legal order and examines its broader implications for the general concept of abuse of law. The chapter seeks to address several fundamental questions, including: what is the normative role of abuse of law in the Union’s legal architecture? What contribution does it make to the broader understanding of abuse of law as a legal concept? It argues that abuse of Union law ultimately serves to safeguard the internal coherence of the EU legal order and promote overall justice and fairness, in line with analogous doctrines found in other legal systems.