The Sources of EU Law and Their Relationships
"The interactions between the rules of the founding Treaties, the general principles of EU law, fundamental rights and the legal acts of the EU institutions are examined in both hierarchical and horizontal relationships. With regard to hierarchical relationships, it is demonstrated that the Court of Justice applies a low standard in substantively reviewing the compatibility of secondary law with primary law and it is argued here that a stricter review would be necessary both as a constitutional guarantee and a reinforcement of the internal market vis-à-vis EU legislation. In the field of taxation, where the unanimity rule for the adoption of EU legislation has resulted in some dubious compromises in the existing directives, a meaningful review would be particularly necessary. As regards horizontal relationships, a comparison is provided of the methods of analysis conducted by the EU Courts under the free movement provisions and the State aid rules when applying them to national tax measures. The analysis shows a gradual convergence of these methods. It is suggested that the ensuing overlaps between the two regimes should be resolved by perceiving the State aid rules as general rules over which the more specific free movement provisions prevail."--