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Le principe de l'équilibre institutionnel en droit de l'Union européenne

Abstract : The principle of institutional balance has been used by the European Court of Justice in order to solve conflicts between European institutions about the distribution of powers. This dissertation elaborates a legal definition of the principle. This first includes an approach of its scope of application. The study of the functions of institutional balance in the Court’s case-law allows understanding the normative impact of this principle. It is a general principle of law which applies to all institutions and organs having a role in the decision-making procedures established by the Treaties. As a structural principle, institutional balance is useful to understand the institutional system of the EU as a whole. It could be used by the Court in a more systematic way and applied to new issues of institutional law, brought for instance by the Lisbon Treaty. The new distinction between legislative acts, delegated acts and executive acts offers new grounds for legal hostilities that the principle could help solving. As a general institutional principle, institutional balance can be compared to the principle of separation of powers and understood as a founding principle of the EU political regime.
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https://tel.archives-ouvertes.fr/tel-01938336
Contributor : Fabien Le Bot <>
Submitted on : Wednesday, November 28, 2018 - 3:44:35 PM
Last modification on : Friday, December 7, 2018 - 1:18:12 AM

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Fabien Le Bot. Le principe de l'équilibre institutionnel en droit de l'Union européenne. Droit. Université Paris 2 Panthéon-Assas, 2012. Français. ⟨tel-01938336⟩

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