Abstract
<jats:title>Abstract</jats:title> <jats:p>This chapter provides a normative analysis of the CJEU’s centre of gravity theory in legal basis litigation, exposing a number of flaws in its application and presenting suggestions for improvement. The chapter discusses the difficulties in the delimitation of competences under the current constitutional setup, the CJEU’s inconsistencies in applying the criteria of aim and content under the centre of gravity theory, and the resulting competence creep of generic legal bases, such as Article 114 TFEU, to the detriment of more specific legal bases and their pre-emption. Specifically, it is argued that the application of the centre of gravity theory has fostered procedural formalism in legal basis litigation at the expense of more substantive aspects thereof, including due consideration of the principle of conferral. It is suggested that a more holistic approach to legal basis litigation would remedy this focus on procedural compatibility of legal bases and provide a more sustainable solution for the application of the centre of gravity theory. Other solutions include the more frequent use of multiple legal bases as well as a broader application of the lex specialis derogat legi generali principle.</jats:p>