The general principles of EU law, 2nd ed.

Abstract:

The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems.

This fully revised and updated second edition provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. The author highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.

The book will be useful to practitioners and judiciary in EU Member States, scholars and advanced students of European law.

Takis Tridimas is Sir John Lubbock Professor of Banking Law and Head of the International Financial Law Unit, Queen Mary University of London.

Contents:

1. The General Principles of Law in the Community Legal Order
2. The Principle of Equality
3. The Principle of Proportionality: Review of Community Measures
4. The Principle of Proportionality: Review of National Measures
5. Legal Certainty and Protection of Legiutimate Expectations
6. Fundamental Rights
7. The Rights of Defence
8. The Principle of Effective Remedies in National Courts
9. Principles Governing Liability in Damages
10. Conclusions.