Dynamic References to OECD standards - Compatibility with the European principle of legality of taxation
(2026) HARN60 20261Department of Business Law
- Abstract
- This thesis examines dynamic references in EU secondary legislation to standards developed and adopted by the OECD and their compatibility with the European principle of legality of taxation. It aims to provide a proposal on how dynamic references to OECD standards legally function and what legal implications they entail. This understanding of dynamic references is subsequently applied to the European principle of legality of taxation.
Dynamic references automatically incorporate the referenced content into the referring legal order. Therefore, soft law adopted at the level of the OECD is elevated into legally binding EU law through the mechanism of dynamic references. This entails an obligation for the Member States to implement the... (More) - This thesis examines dynamic references in EU secondary legislation to standards developed and adopted by the OECD and their compatibility with the European principle of legality of taxation. It aims to provide a proposal on how dynamic references to OECD standards legally function and what legal implications they entail. This understanding of dynamic references is subsequently applied to the European principle of legality of taxation.
Dynamic references automatically incorporate the referenced content into the referring legal order. Therefore, soft law adopted at the level of the OECD is elevated into legally binding EU law through the mechanism of dynamic references. This entails an obligation for the Member States to implement the referenced content within their domestic legal order.
The European principle of legality of taxation functions as a legal framework that determines both the legal admissibility and the legal limits of the use of dynamic references. In principle, dynamic references to the OECD are compatible with the European principle of legality of taxation insofar as they concern the adoption of non-essential elements of a tax law. Conversely, the essential elements of a tax law must always be enacted through a due legislative procedure under the Treaties.
Moreover, dynamic references to the OECD should additionally require a specificity requirement, requesting the EU legislator to clearly define the scope, objectives, content and duration of the dynamic reference.
The thesis further recommends strict judicial review of these requirements in order to ensure the existing legal limits and strengthen the legal safeguards to avoid the arbitrary use of dynamic references to the OECD. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/student-papers/record/9232456
- author
- Boddenberg, Lorenz LU
- supervisor
- organization
- course
- HARN60 20261
- year
- 2026
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Dynamic References, Principle of Legality of Taxation, Dynamic Interpretation, Essentiality, Specificity
- language
- English
- id
- 9232456
- date added to LUP
- 2026-06-09 11:05:20
- date last changed
- 2026-06-09 11:05:20
@misc{9232456,
abstract = {{This thesis examines dynamic references in EU secondary legislation to standards developed and adopted by the OECD and their compatibility with the European principle of legality of taxation. It aims to provide a proposal on how dynamic references to OECD standards legally function and what legal implications they entail. This understanding of dynamic references is subsequently applied to the European principle of legality of taxation.
Dynamic references automatically incorporate the referenced content into the referring legal order. Therefore, soft law adopted at the level of the OECD is elevated into legally binding EU law through the mechanism of dynamic references. This entails an obligation for the Member States to implement the referenced content within their domestic legal order.
The European principle of legality of taxation functions as a legal framework that determines both the legal admissibility and the legal limits of the use of dynamic references. In principle, dynamic references to the OECD are compatible with the European principle of legality of taxation insofar as they concern the adoption of non-essential elements of a tax law. Conversely, the essential elements of a tax law must always be enacted through a due legislative procedure under the Treaties.
Moreover, dynamic references to the OECD should additionally require a specificity requirement, requesting the EU legislator to clearly define the scope, objectives, content and duration of the dynamic reference.
The thesis further recommends strict judicial review of these requirements in order to ensure the existing legal limits and strengthen the legal safeguards to avoid the arbitrary use of dynamic references to the OECD.}},
author = {{Boddenberg, Lorenz}},
language = {{eng}},
note = {{Student Paper}},
title = {{Dynamic References to OECD standards - Compatibility with the European principle of legality of taxation}},
year = {{2026}},
}