Conflicts of legal basis: no legality and no basis but a bright future under the Lisbon Treaty?

iscusses how the European Court of Justice resolves conflicts of legal basis disputes by means of the rule of predominance to determine the predominant aim of an instrument and hence its legal basis. Suggests that the Court has on occasion relied on an instrument's preamble, thereby undermining the rule of objectivity. Considers the effect of changes made by the Treaty of Lisbon 2007 to pillar competences, and possible solutions to conflicts between incompatible legal bases. Challenges the view that the legal basis that gives more rights of participation to the European Parliament should prevail.

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