The Interplay between Norms in the EU Legal Order: Implications for the Scope of EU Law
Promovendus: Mw. Dr. E. Hancox
Promotores: N. Nic Shuibhne, T. Lock
Duur: 1/9/2014 - 31/8/2017
Promotie: Edinburgh, 24/10/2018
The central focus of the thesis is how do ‘parallel’ norms of EU law of differing scope and status inter-relate and how this then impacts the scope of application of EU law. Case law analysis demonstrates that the relationship between norms in the EU is problematic and the ECJ lacks consistent and principled criteria of interpretation to determine which norm ought to govern the situation. The determination of which norm ought to govern is not merely a theoretical issue, but can mean the difference between a situation falling or not falling within the scope of EU law – thereby affecting both the rights available to applicants and the respective regulatory autonomy of the EU and the Member States.