© 2018

The Choice of Legal Basis for Acts of the European Union

Competence Overlaps, Institutional Preferences, and Legal Basis Litigation


Table of contents

  1. Front Matter
    Pages i-xvi
  2. Annegret Engel
    Pages 1-8
  3. Annegret Engel
    Pages 137-142

About this book


This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts’ judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.


EU constitutional law Conflicts between legal bases Legislative procedure Legal instruments Intergovernmental competences Delimitation of competences Competence categories Common foreign and security policy

Authors and affiliations

  1. 1.Cardiff UniversityCardiffUK

About the authors

Annegret Engel (LL.M., Ph.D.) has been working as a Lecturer in EU law at Cardiff University, School of Law & Politics (2014-2017). She holds a Ph.D. in EU Law from Durham University (2014) and has previously worked for the British Institute of International and Comparative Law in London (2008) as well as the DG Internal Market at the European Commission in Brussels (2010-2011). Her main research interests are in the field of European constitutional law with a particular focus on the delimitation of competences. In addition, she is also interested in EU external relations law, international agreements and the legal implications of Brexit.

Bibliographic information

  • Book Title The Choice of Legal Basis for Acts of the European Union
  • Book Subtitle Competence Overlaps, Institutional Preferences, and Legal Basis Litigation
  • Authors Annegret Engel
  • DOI
  • Copyright Information Springer Nature Switzerland AG 2018
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology Law and Criminology (R0)
  • Hardcover ISBN 978-3-030-00273-2
  • Softcover ISBN 978-3-030-13099-2
  • eBook ISBN 978-3-030-00274-9
  • Edition Number 1
  • Number of Pages XVI, 142
  • Number of Illustrations 0 b/w illustrations, 0 illustrations in colour
  • Topics European Law
    Fundamentals of Law
    European Union Politics
  • Buy this book on publisher's site
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