The Common Constitutional Traditions in the European Union and Their Implications for Tax Law
This book examines the tax implications of the common constitutional traditions of EU Member States and their relevance as sources of EU law general principles.
Why This Book?
For more than two decades GREIT has been investigating at the intersection of tax law with European Union tax law and international tax law.
This book originates from an Italian project of excellence (PRIN) and contains a comprehensive overview of the tax implications of the common constitutional traditions in the European Union. Its core contribution to scientific development is to show how foundational and tax-specific principles influence and shape the field of tax law.
Its 24 chapters, drafted by authors from 11countries, explore six main areas in which critical issues arise, namely (i) the theoretical framework; (ii) the relationship between the EU and constitutional law dimensions of the relevant principles; (iii) tax procedures in the dialogue between national and supranational Courts; (iv) secondary EU law in tax matters; (v) the relationships with non-tax specific principles; and (vi) the process of Europeanization of tax law of EU Member States.
The book conceives a pyramid of principles from foundational values, such as equality, the rule of law and human rights, down to tax-specific principles, looking at what countries share in form and substance with the supranational dimension.
The book pays particular attention to judicial and scholarly interpretation in reconstructing the common frameworks shared by EU Member States and envisages their possible concrete use as sources of general EU law principles in line with the wording of article 6 (3 ) of the TEU.
The Common Constitutional Traditions in the European Union and Their Implications for Tax Law
DOI: https://doi.org/10.59403/3sc20gz
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Chapter 1: Introduction
DOI: https://doi.org/10.59403/3sc20gz001
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Chapter 2: The EU Common Constitutional Tradition and Its Impact on Tax Law in the European Union: A Systematic Assessment
DOI: https://doi.org/10.59403/3sc20gz002
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Chapter 3: The Relationship between the EU Charter of Fundamental Rights and European General Principles
DOI: https://doi.org/10.59403/3sc20gz003
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Chapter 4: A Tax Perspective on the Declaratory Nature of the EU Charter of Fundamental Rights and the Relations with the General Principles of EU Law in Judicial Practice
DOI: https://doi.org/10.59403/3sc20gz004
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Chapter 5: Fundamental (Taxpayers’) Rights at the Crossroads of EU Law, ECHR Law and National Law
DOI: https://doi.org/10.59403/3sc20gz005
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Chapter 6: Fundamental Taxpayer Rights in the European Union: A Discussant’s Response to Peter Wattel
DOI: https://doi.org/10.59403/3sc20gz006
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Chapter 7: The Limits to “National Tax” Sovereignty in the European Union
DOI: https://doi.org/10.59403/3sc20gz007
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Chapter 8: The Rule of Law: A Common Principle with Different Manifestations
DOI: https://doi.org/10.59403/3sc20gz008
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Chapter 9: The Rule of Law in the Tax Judgments of the ECtHR
DOI: https://doi.org/10.59403/3sc20gz009
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Chapter 10: Identifying and Applying General Principles of Tax Law in the European Court of Justice
DOI: https://doi.org/10.59403/3sc20gz010
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Chapter 11: The Impact of Common Constitutional Traditions on Member States’ Procedural Tax Law Systems
DOI: https://doi.org/10.59403/3sc20gz011
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Chapter 12: The Common Constitutional Tradition of the European Union and Tax Law: Res Judicata in Tax Matters
DOI: https://doi.org/10.59403/3sc20gz012
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Chapter 13: The Limits to Res Judicata and Their Application to Tax Matters
DOI: https://doi.org/10.59403/3sc20gz013
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Chapter 14: National Constitutions and EU Primary Law Limits: The Case of Implementing the Anti-Tax Avoidance Directive
DOI: https://doi.org/10.59403/3sc20gz014
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Chapter 15: The Directive on Administrative Cooperation as the “Pole Star” of EU Tax Procedures: Overcoming its “Original Sins” in Light of EU Primary Law and Common Constitutional Traditions
DOI: https://doi.org/10.59403/3sc20gz015
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Chapter 16: National Constitutions and EU Primary Law Limits in the Case of the Implementation of the Pillar Two Directive: The Legality Principle and Pillar Two
DOI: https://doi.org/10.59403/3sc20gz016
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Chapter 17: The Scope of Application of the Legality Principle in Taxation: From International Law to the Latest Soft Laws
DOI: https://doi.org/10.59403/3sc20gz017
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Chapter 18: The Fundamental Principles of Tax Law and Their Evolution in a Globalized World
DOI: https://doi.org/10.59403/3sc20gz018
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Chapter 19: Principle of Legality of Taxation as an Element of the EU Legal Order: A Reassessment in Light of the Court of Justice of the European Union’s Decision in UP CAFFE
DOI: https://doi.org/10.59403/3sc20gz019
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Chapter 20: The Constitutional and EU Law Principles as Implemented by Laws of Principles
DOI: https://doi.org/10.59403/3sc20gz020
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Chapter 21: Europeanization of (Tax) Law and Federalism. An Introduction
DOI: https://doi.org/10.59403/3sc20gz021
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Chapter 22: Adjustment, Implementation, Legal Interpretation and the Relations between National and EU Law
DOI: https://doi.org/10.59403/3sc20gz022
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Chapter 23: Bills of Rights between Constitutional and EU Principles: An Updated, Taxpayer-Centric, Glocal Outlook
DOI: https://doi.org/10.59403/3sc20gz023
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Chapter 24: The Over-Implementation of EU Law and Implications for Taw Law Principles: A Quartet of Questions
DOI: https://doi.org/10.59403/3sc20gz024
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Pasquale Pistone
This book is part of the GREIT Series
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