The Dinghy’s Rudder: General Principles of European Union Law through the Lens of Proportionality

Abstract:

The article aims at circumscribing the role of general principles of EU law within the Union's legal order, by using the principle of proportionality as an illustration of major developments and challenges and of how general principles interact with other sources of law. A narrow definition of general principles is advocated: only principles identified by the CJEU as such, i.e., as principles having the status of primary law, should be considered as general principles within the Union's legal order. This definition excludes principles of secondary law and mere policy principles. Still, general principles of EU law can be given expression in both primary and secondary law and are heavily dependent for their interpretation on the broader legislative and constitutional framework. The principle of proportionality maintains in this respect its central role in finding the proper equilibrium between various principles and objectives.