December 02
2021
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Anjum Shabbir
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22nd June 2021
External Relations & Trade Institutional law

Analysis: “AG Pitruzzella’s Opinion on the Agreement with Armenia and the choice of legal basis in EU External Relations” by Andrés Delgado

As the Court of Justice has repeatedly mentioned, the choice of legal basis is a question of constitutional significance that must rest on objective factors amenable to judicial review. Those factors are the aim and content of the measure. Thus, to choose the correct legal basis, the objectives and the content of the measure must be examined to determine where the centre of gravity of the measure lies. However, when it comes to EU External Relations the establishment of a single set of common objectives renders the examination more complicated. How to distinguish the centre of gravity of a measure where the aim of the measure would pursue the same objectives regardless of whether it was trade, development, or a Common Foreign and Securit

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