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‘The notion of and a general test for abuse of rights: some normative reflections’ / Jukka Snell

Swansea University Author: Jukka, Snell

Abstract

<p>The chapter seeks to offer some normative remarks relating to the EU doctrine of abuse of rights, in particular in the light of the ruling of the European Court of Justice in Emsland.  It proceeds in two stages, first discussing the very need for the doctrine and then considering...

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Published: in R de la Feria and S Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law (Oxford: Hart Publishing 2011). 2011
Online Access: http://www.hartpub.co.uk/books/details.asp?isbn=9781841139388
URI: https://cronfa.swan.ac.uk/Record/cronfa5036
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Abstract: <p>The chapter seeks to offer some normative remarks relating to the EU doctrine of abuse of rights, in particular in the light of the ruling of the European Court of Justice in Emsland.  It proceeds in two stages, first discussing the very need for the doctrine and then considering the actual test put forward by the Court. It is argued that while the doctrine of abuse of rights is a necessary feature of Union law, it is questionable whether it was given the optimal form in the two-part Emsland test.</p>
College: Hillary Rodham Clinton School of Law