Creation, Development and Impact of the General Principles of Community Law: Towards a jus commune europaeum?
Author
Summary, in English
The aim of this research is two-fold. First, the general principles of Community law are analyzed as "legitimacy principles", which permit the European Court of Justice to review the acts of the institutions and the Member States. Second, the basic assessment is to reckon the general principles of Community law as effective tools for the building of a jus commune europaeum when they "travel back" to the national legal systems. The creation of this common law is realized in the administrative and constitutional areas. Indeed, following an etiological approach, the general principles of Commuity law can be divided into three main groups: the administrative principles (such as proportionality and legitimate expectations), the due process principles which constitute "hybrid principles" as they are imbued with administrative and constitutional values (such as the right to be heard) and, finally, fundamental rights.
Department/s
Publishing year
2005
Language
English
Document type
Dissertation
Publisher
Intellecta docusys
Topic
- Law
Keywords
- "European Convention of Human Rights"
- "Legitimacy"
- "Review"
- "ECJ"
- "General Principles of Community Law"
- "Jus Commune"
- "Charter of Fundamental Rights"
- "Spill-over".
- EU law
- EU-rätt
Status
Published
Research group
- EU Law
Supervisor
- [unknown] [unknown]
ISBN/ISSN/Other
- ISBN: 91-628-6527-7
Defence date
4 June 2005
Defence time
10:15
Defence place
Rättegångssalen, Tryckeriet, Juridicum
Opponent
- Takis Tridimas (Professor)