Martin Matějec
Author’s affiliation: Faculty of Law, Charles University in Prague

Abuse of EU Law to Circumvent National Legislation

Jurisprudence 4/2020 Section: Articles Page: 17-28

Keywords: abuse of EU law, Court of Justice, circumvention of national legislation, Union law

Abstract: The article deals with the application of the principle of abuse of EU law and identifies two types of abusive practices that are based on the EU legal order and performed by individuals or economic operators. After defining the two types of abusive practices, the article further analyzes the abusive practice leading to the circumvention of the national legislations of Member States, which is defined by two independent subcategories. Finally, the article also addresses the consequences of finding that an abuse of EU law occurred, namely whether, in that case, the application of the principle of abuse of law defines the scope of EU law or leads to the restriction of the exercise of a subjective right conferred by the EU provisions.