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SSRN Electronic Journal
Article . 2020 . Peer-reviewed
Data sources: Crossref
EC Tax Review
Article . 2020 . Peer-reviewed
Data sources: Crossref
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On Prohibition of Abuse of Law as a General Principle of EU Law

Authors: De La Feria, R;

On Prohibition of Abuse of Law as a General Principle of EU Law

Abstract

It is now more than a decade since the judgment in Halifax, and nearly two since it was referred to the CJEU by a UK court. It is hard to overstate its significance: the decision is arguably one of the most important ever delivered by the Court within the field of taxation, and beyond. Whilst there seems to be unanimous agreement as regards the existence of the principle, its exact nature is still a contested issue. In particular, the question that still lingers is whether the principle of prohibition of abuse of law should be characterised as a general principle, or as an interpretative principle. This short paper presents the case in favour of characterising the principle of prohibition of abuse of law as a general principle of EU, arguing that not only does it display the key characteristics of such principles but that, following the most recent CJEU decisions, its characterisation as such is now settled case law.

Country
United Kingdom
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    4
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Top 10%
Average
Average
Green
bronze