Abuse of Law in the European Union: The Rise of a Special General Principle
Loi et justice
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Résumé
This book centres on the principle of abuse of law in the EU legal order. It deals with this subject from both a practical and theoretical perspective, as it provides a thorough assessment of the relevant case law of the… Court of Justice as well as an in-depth analysis of the theoretical foundations of this principle. The monograph looks to provide a general, comprehensive examination of the topic in order to systematise it in a coherent framework. By doing so, it intends to fill a gap in the current literature. The book argues that abuse of Union law is a general principle of EU law with special features, which carries out two main functions: on the one hand, it ensures that EU rights are exercised in a manner that is consistent with the purpose for which they have been granted; on the other hand, it has a second and more fundamental function. For it is aimed at guaranteeing the systemic coherence of the system, ultimately serving the universal notions of justice and fairness, contributing to the further development and progress of EU law over time. The monograph should prove beneficial primarily to those who conduct fundamental research in EU law but also to practitioners, given that the practical applications of this principle have significantly increased in recent years. Luca Pantaleo is an Associate Professor of EU Law in the Department of Political and Social Sciences at the University of Cagliari in Italy.