September 22
2021
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10th September 2021
Institutional law

Op-Ed: “Cases beget cases. A comment on the legal basis-litigation in light of Commission v Council (Accord avec l’Arménie)” by Andrés Delgado

A judicial decision often creates more questions than those that it answers. The Court of Justice of the European Union’s (CJEU) case law on the legal basis to conclude international agreements by the EU is a perfect example of that. Almost 20 years have passed since the Court of Justice in Opinion 2/00 established that the choice of the appropriate legal basis has constitutional significance, that it must rest on objective factors which are amenable to judicial review, and that those factors include the aim and the content of the measure. Still, 20 years on, the EU institutions continue to litigate on the exact meaning of aim and content.

Commission v Council (Accord avec l’Arménie) (C-180/20) is one more case in the long saga of

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