CONSIDERATIONS REGARDING THE CHOICE, BY THE EUROPEAN INSTITUTIONS, OF THE LEGAL BASIS OF ACTS, DURING THE LEGISLATIVE PROCEDURES OVERVIEW OF THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
An important moment in the conduct of legislative procedures within the European Union is located right at their onset. Thus, the initiator of an act finds himself in a position to have recourse to its legal basis, since that ground depends on fundamental issues such as the competence of the European Union or its institutions to act, the applicable procedure, etc. However, in practice, this may be rather complicated. For example, depending on the categories of competence of the Union in which each field falls and depending on the desired end, the question arrises about choosing the type of act that is best suited. After that, there is the question of choosing the legal basis of the act, which can be very complicated, since, in the case of some acts, the proper legal basis may not be obvious, in which case the Court of Justice and its case law may provide further clarification. For example, in certain situations, the Union’s acts may be susceptible to more than one legal basis. To further complicate the analysis, we can say that these grounds may be compatible or not. If they are not compatible, it is necessary to identify the main legal basis, and there comes the matter of how to determine it. With all these, and not only, we will deal in the present research.
Authors and Affiliations
Dragoş – Adrian BANTAŞ
Keywords
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