Revisiting the 'Predominant Aim' Concept for Determining the Correct Legal Basis

Abstract

In a series of recent cases regarding the determination of the correct legal basis for legislative acts, the ECJ has given clear preference to first pillar competences, thus strengthening the role of the EP to the detriment of the national governments. With the judgment in case C-411/06 (Commission v. EP/Council) Grand Chamber judgment of 8 September 2009, the ECJ rejected the Commission's try to gain a similar preference for exclusive Union competences over the Union's competences shared with the Member States.

Keywords: Exclusive Competences, Shared Competences, ECJ, External Trade, Environment, Predominant Aim