Prohibition of Abuse of Law

A New General Principle of EU Law?

Author: Rita de la Feria,Stefan Vogenauer

Publisher: Bloomsbury Publishing

ISBN: 1847316565

Category: Law

Page: 662

View: 4155

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The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
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Abuse of EU Law and Regulation of the Internal Market

Author: Alexandre Saydé

Publisher: Bloomsbury Publishing

ISBN: 178225403X

Category: Law

Page: 496

View: 443

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How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
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General Principles of Law

European and Comparative Perspectives

Author: Stefan Vogenauer,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1509910700

Category: Law

Page: 432

View: 2685

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Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
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Freedom of Establishment and Private International Law for Corporations

Author: Paschalis Paschalidis

Publisher: OUP Oxford

ISBN: 0191638137

Category: Law

Page: 328

View: 3853

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Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.
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EU Competition Law

Text, Cases & Materials

Author: Alison Jones,Brenda Sufrin

Publisher: Oxford University Press

ISBN: 0199572739

Category: Law

Page: 1287

View: 8403

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New to this edition: --
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Co-regulation of the media in Europe

Author: European Audiovisual Observatory

Publisher: Council of Europe

ISBN: 9789287151414

Category: Social Science

Page: 140

View: 3757

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This publication is based on the discussions of a workshop organised by the European Audiovisual Observatory in September 2002, in collaboration with the Institute of European Media Law and the Institute for Information Law. It examines co-regulation as an alternative to traditional forms of media regulation (parliamentary acts, EU directives etc) in Europe, current examples of its use and possible areas of application, characteristics and legal requirements, benefits and risks associated with it. Topics discussed include: a comparison of co-regulation systems in relation to self-monitoring and self-regulation regimes, protection of human dignity, distribution of racist content, technical standards, the EU legal and policy framework, the Council of Europe approach, the implementation and enforcement of co-regulation codes in a transfrontier context, example texts for self-regulation and co-regulation in advertising, youth protection, hate speech, the independence of journalists and technical standards.
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Annuaire Des Organisations Internationales

Author: N.A

Publisher: N.A

ISBN: N.A

Category: International agencies

Page: N.A

View: 4889

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Beginning in 1983/84 published in 3 vols., with expansion to 6 vols. by 2007/2008: vol. 1--Organization descriptions and cross references; vol. 2--Geographic volume: international organization participation; vol. 3--Subject volume; vol. 4--Bibliography and resources; vol. 5--Statistics, visualizations and patterns; vol. 6--Who's who in international organizations. (From year to year some slight variations in naming of the volumes).
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