The Side-by-Side Arrangement under EU Law: A Constitutional Catch-22

This article explores the constitutional and democratic challenges posed by the European Union’s adoption of the OECD’s Side-by-Side (SbS) arrangement under the EU Minimum Taxation Directive (2022/2523). The SbS arrangement forces Member States to compromise core legal principles, such as the legality of taxation and democratic accountability. The delegation of normative power via article 32 of the Directive weakens EU constitutional democratic safeguards. This raises concerns under the delegation doctrine (Meroni) and EU State aid law. Ultimately, the SbS arrangement exposes the limits of the European Union’s constitutional coherence, offering no solution that aligns political goals with constitutional requirements.

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Publication Details

Journal
European Taxation
Published
2026-08-26
DOI
https://doi.org/10.59403/26pfp4p
Primary Topic
EU Law and Policy Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

The Side-by-Side Arrangement under EU Law: A Constitutional Catch-22

Samvander Vlugt, Maartende Wilde
European Taxation
EU Law and Policy Analysis
article

The Side-by-Side Arrangement under EU Law: A Constitutional Catch-22

Samvander Vlugt, Maartende Wilde
article en

Abstract

This article explores the constitutional and democratic challenges posed by the European Union’s adoption of the OECD’s Side-by-Side (SbS) arrangement under the EU Minimum Taxation Directive (2022/2523). The SbS arrangement forces Member States to compromise core legal principles, such as the legality of taxation and democratic accountability. The delegation of normative power via article 32 of the Directive weakens EU constitutional democratic safeguards. This raises concerns under the delegation doctrine (Meroni) and EU State aid law. Ultimately, the SbS arrangement exposes the limits of the European Union’s constitutional coherence, offering no solution that aligns political goals with constitutional requirements.

European TaxationVol. 66(9)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
EU Law and Policy Analysis
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