Abuse of EU Law and Regulation of the Internal Market

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How can the concept of abuse of European Union law 8211which can be defined as undesirable choice of law artificially made by a private citizen 8211generate so much disagreement among equally intelligent individuals Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major faultlines of EU law, which accounts for the wellestablished controversies in the fieldThe first faultline, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes) Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose itThe second faultline is specific to EU law and divides two conceptions of the regulation of the internal market If economic integration is conceived as the promotion of crossborder

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