Abuse of EU law – tackling abuse through the general principle prohibiting abuse and through harmonisation, seminario da 4 ore per studenti di dottorato
Prof. Karsten Engsig Sørensen University of Aarhus, Denmark Abuse of EU law Tackling abuse through the general principle prohibiting abuse and through harmonisation
Date: lunedì 12 e 19 ottobre
Since 2016, it has been firmly established that EU law recognises a general principle prohibiting the abuse of rights. This principle has been progressively developed in the case law of the Court of Justice of the European Union (CJEU), which has clarified its scope, conditions of application, and legal consequences. Although the principle provides an important judicial tool for addressing abusive practices, it does not offer a comprehensive solution to all forms of regulatory circumvention. Accordingly, certain types of abuse require legislative intervention through harmonisation measures.
The seminar will examine how different areas of EU harmonisation — including anti-money laundering, the regulation of posted workers, and EU company law — have been mobilised to counter specific forms of abuse. Particular attention will be paid to the relationship between judicially developed principles and legislative responses in shaping the Union’s approach to abuse of law.