General Principles of European Community Law
Published on 8. November 2000
256 pages
978-90-411-4735-6 (ISBN)
Description
This book is based on a selection of papers presented at the Conference in Malmu, Sweden, which was organized by the Swedish Network for European Legal Studies in cooperation with the Faculty of Law of the University of Lund. The purpose of the conference was to analyze general principles and their scope in the EU legal order with special emphasis on their role in the creation of a "jus commune europaeum". The impact of the general principles of Community Law at the national level was analyzed and also how these principles have been transformed into the national legal systems. Also discussed was the creative process behind the shaping and further development of the general principles and their application. Due to their complex nature, the general principles offer a more or less unlimited field for theoretical legal studies. At the same time, the general principles play a very important role in legal practice, not least when used as instruments for the protection of individuals and firms against too far-reaching measures taken by the European institutions or Member States.
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Joakim Nergelius
General Principles of European Community Law
Book
06/2008
1st Edition
Kluwer Law International
€102.19
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- Preface
- 1. General Aspects
- 1.1 The Origins and Development of the General Principles of Community Law
- 1.1.1 INTRODUCTION: GENERAL PRINCIPLES AND THE RULE OF LAW
- 1.1.2 ORIGINS
- 1.1.3 THE DEVELOPMENT OF FUNDAMENTAL RIGHTS AND THEIR PROTECTION
- 1.1.4 THE ECJ's MANDATE TO ENGAGE IN LAW-MAKING
- 1.1.5 METHODOLOGY
- 1.1.6 PERSPECTIVES
- 1.2 General Principles of Law in European and National Systems of Law: A Comparative View
- 1.2.1 INTRODUCTION
- 1.2.2 DEVELOPMENTS IN FRANCE
- 1.2.3 DEVELOPMENTS IN GERMANY
- 1.2.4 THE EUROPEAN COURTS
- 1.2.5 EPILOGUE
- 1.3 On Legal Normative Dynamics and Jurisdictional Dialogue in the field of Community General Principles of Law
- 1.3.1 ABOUT THE ARTICLE'S THEMES
- 1.3.2 THE ESSENTIALS OF THE NATIONAL JUDICIAL FINDINGS
- 1.3.3 WHY NATIONAL JUDICIAL THREAT OF REBELLION?
- 1.3.4 NOT A SATISFACTORY HUMAN RIGHTS PROTECTION
- 1.3.5 PROSPECTS FOR A FRUITFUL FUTURE JURISPRUDENTIAL DIALOGUE
- 2. Human Rights
- 2.1 Leading by Example or Leaning on Supremacy? Some reflections on the Union, the Individual and the Protection of Fundamental Rights
- 2.1.1 INTRODUCTION
- 2.1.2 SECURING EUROPEAN CITIZENS' RIGHT OF PARTICIPATION IN AN "EFFECTIVE POLITICAL DEMOCRACY
- 2.1.3 SECURING THE PRINCIPLE OF GOOD ADMINISTRATION WITHIN THE COMMUNITY INSTITUTIONS
- 2.1.4. ENFORCING THE GENERAL PRINCIPLE OF COMMUNITY LAW THAT EVERYONE IS ENTITLED TO A FAIR LEGAL PROCESS
- 2.1.5 CONCLUSION
- 2.2 Human Rights as General Principles of Law
- 2.2.1 DEFINITIONS
- 2.2.2 BORDERLINES
- 2.2.3 HUMAN RIGHTS BEFORE THE COURT OF JUSTICE
- 2.2.4 EXTENT OF THE CONTROL BY THE COURT OF JUSTICE
- 2.2.5 THE TREATY ON EUROPEAN UNION
- 2.2.6 CONCLUSION
- 2.3 Human Rights as General Principles of Law, in the Past and in the Future
- 2.3.1 INTRODUCTION
- 2.3.2 THE ORIGIN, NATURE AND FUNCTION OF GENERAL PRINCIPLES OF LAW
- 2.3.3 ARE HUMAN RIGHTS ADEQUATELY PROTECTED AS GENERAL PRINCIPLES OF LAW?
- 2.3.4 THE FULL INTEGRATION OF HUMAN RIGHTS INTO THE COMMUNITY LEGAL SYSTEM
- 3. Institutional Principle
- 3.1 Proportionality and Subsidiarity as General Principles of Law
- 3.1.1 INTRODUCTION
- 3.1.2 PROPORTIONALITY AS A GENERAL PRINCIPLE OF LAW
- 3.1.3 THE PRINCIPLE OF SUBSIDIARITY
- 3.1.4 CONCLUSION
- 3.2 The Development of General Principles of Law Within Article 10 (ex Article 5) EC
- 3.3 General Constitutional Principles of Community Law
- 3.3.1 INTRODUCTION
- 3.3.2 JURISPRUDENTIAL QUERIES
- 3.3.3 SPECIFICITY OF GENERAL CONSTITUTIONAL PRINCIPLES OF EC LAW
- 3.3.4 A PROVISIONAL CLASSIFICATION OF THE GENERAL PRINCIPLES OF COMMUNITY LAW OF A CONSTITUTIONAL CHARACTER
- 3.3.5 THE PROCESS OF REASONING WITH PRINCIPLES
- 3.4 Institutional Principles: A Special Category of General Principles of EC Law
- 3.4.1 INSTITUTIONAL PRINCIPLES AS "GENERAL PRINCIPLES
- 3.4.2 VERTICAL INSTITUTIONAL PRINCIPLES
- 3.4.3 HORIZONTAL INSTITUTIONAL PRINCIPLES
- 3.4.4 THE QUESTION OF JUDICIAL ENFORCEABILITY
- 3.4.5 CONCLUSION: THE DEVELOPMENT OF INSTITUTIONAL PRINCIPLES AND THE ROLE OF THE COURT OF JUSTICE
- 4. Some Individual Principles and Legal Systems
- 4.1 Legal Certainty and Legitimate Expectations as General Principles of Law
- 4.1.1 THE GENERAL PRINCIPLE OF "LEGAL CERTAINTY
- 4.1.2 THE PRINCIPLE THAT THE LEGAL POSITION SHOULD BE MADE CLEAR
- 4.1.3 CONSEQUENCES
- 4.1.4 IMPLEMENTING DIRECTIVES
- 4.1.5 CONFLICTING LEGAL MEASURES MUST BE REPEALED
- 4.1.6 LEGITIMATE EXPECTATIONS
- 4.1.7 CONSEQUENCES OF BREACH
- 4.1.8 RETROACTIVITY AND LEGISLATIVE CHANGE
- 4.1.9 THE COURT'S POWER TO LIMIT THE RETROACTIVE EFFECT OF ITS JUDGMENTS (ARTICLE 231) EC TREATY
- 4.1.10 MAINTAINING THE EFFECTS OF UNLAWFUL MEASURES: ARTICLE 231
- 4.1.11 AVOIDING TIME LIMITS FOR PROCEEDINGS TO ANNUL COMMUNITY ACTS
- 4.1.12 PROVISIONAL VALIDITY
- 4.1.13 LEGAL CERTAINTY AND OTHER GENERAL RULES
- 4.1.14 COMMENTS AND CONCLUSIONS
- 4.2 The General Principles of Community Law in the Creation and Development of Due Process Principles in Competition Law Proceedings: From Transocean Marine Paint (1974) to Montecatini (1999)
- 4.2.1 INTRODUCTION
- 4.2.2 THE CREATION OF DUE PROCESS PRINCIPLES THROUGH THE GPL THEORY
- 4.2.3 THE DEVELOPMENT OF DUE PROCESS PRINCIPLES
- 4.3 General Principles of Community Law: Procedural Guarantees - A Note
- 4.3.1 INTRODUCTION
- 4.3.2 IMPORTANCE OF PROCEDURAL GUARANTEES
- 4.3.3 DEVELOPMENT OF PROCEDURAL GUARANTEES IN COMMUNITY LAW
- 4.3.4 DEFINITION OF PROCEDURAL GUARANTEES
- 4.3.5 CODIFICATION/HARMONISATION
- 4.3.6 RELATIONSHIP WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS
- 4.3.7 A TASK FOR THE JUDGES OR FOR THE LEGISLATORS?
- 4.4 General Principles of Law in Swedish Law
- 5. Concluding and Summarising Notes
- 5.1 General Principles of Community Law - Concluding Remarks
- 5.2 General Principles of Community Law in the Future: Some Remarks on their Scope, Applicability and Legitimacy
- 5.2.1 WHICH ARE THE GENERAL PRINCIPLES? CONCEPTIONS AND CATEGORIES
- 5.2.2 CURRENT LEGAL STATUS OF THE PRINCIPLES - SOME OBSERVATIONS AND PROPOSALS
- 5.2.3 A QUICK VIEW TO THE FUTURE
- About the authors
- Table of Cases
- Back Cover
