The General Principles of EU Law

Second Edition

Takis Tridimas

Oxford European Union Law Library

The leading exposition of the 'general principles' of law as developed by the European Court of Justice, of central importance to understanding the application of EU law in practice
Includes analysis of the case-law in key areas of EU law not covered elsewhere, including the jurisdiction of the ECJ in human rights matters, and the rules governing remedies for protection of Community rights in national courts
Cited by the ECJ and other courts as an authority on the application of general principles

New to this Edition:

Fully revised and updated, including analysis of the developments in the Constitutional Treaty
A new chapter examines the relationship between the principle proportionality and the definition of EU competence

The General Principles of EU Law

Second Edition

Takis Tridimas

Oxford European Union Law Library

Description

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 of The General Principles of EU Law 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. Tridimas 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 General Principles of EU Law

Second Edition

Takis Tridimas

Oxford European Union Law Library

Table of Cases
Table of Legislation
1:The General Principles of Law in the European Union Legal Order
2:The Principle of Equality
3:The Principle of Proportionality: Review of Community Measures
4:The Principle of Proportionality: Relationship with Competence and Subsidiarity
5:The Principle of Proportionality: Review of National Measures
6:Legal Certainty and Protection of Legitimate Expectations
7:Fundamental Rights
8:The Rights of Defence
9:The Principle of Effectiveness
Liability of Community Institutions
11:State Liability for Breach of EU Law
12:Conclusions
Bibliography
Index