Abstract

It is a locus communis of institutional EU law that any act of a Union institution1 requires firstly to be based on a provision in written EU law and secondly on the “correct” one among the various legal bases within that corpus. The objective of this study is, firstly, to re-state those two jurisprudential and doctrinal assertions, using as tools the norm-analytical concepts of normsand normative acts, on the one hand and of principal norms and meta-norms, on the other. Secondly, this study undertakes to analyse the function of the thus re-stated norms in the context of the Union’s constitutional structure,2 using as tools the concepts ofempowermentnormsanddecision-making norms. The focus is on legal bases for normative acts, while embedding that issue in the wider one of legal bases for legal acts of the Union institutions at large.

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