Conclusions

Abstract

Overall, the above discussions have shown that the choice of legal basis for acts in the EU is not a straightforward undertaking. Quite the opposite is the case. There are several factors which can render the quest for the correct legal basis more (or in some cases less) complicated. In particular, these include the existence of overlaps between the competences available in the treaties and the divergent institutional preferences. Therefore, depending on the differences in the structure of potentially available legal bases (i.e. the nature and scope of the competence, the legal instruments, and the legislative or decision-making procedures), inter-institutional conflicts can easily arise. The resulting legal basis litigation may further contribute to the overall complexity of the choice of legal basis by means of the inherent flaws and inconsistencies in the courts’ judgments and their application of general criteria of legal basis litigation.