This is an extract of our General Principles Of Eu Law document, which we sell as part of our GDL EU Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL EU Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
General Principles of EU Law _______________________________________________________
Treaty Basis Weak textual basis of competence:
- Art 6(3) TEU: fundamental rights as general principles
- Art 19 TEU: CoJ "shall ensure that in the interpretation and application of the Treaties the law is observed"
- Art 263(2) TFEU: CoJ "shall...have jurisdiction in actions...on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application or misuse of powers"
- Art 340(2) TFEU: "in accordance with the general principles common to the laws of the MS, make good any damage caused by its institutions..." General principles = a body of rules which exist independently of the treaties The Court has identified and applied an (open) list of GPL including:Fundamental rightsEqualitySubsidiarityTransparency'Precautionary Principle'Rules of administrative justice: proportionality (discussed below), legal certainty, legitimate expectations, right to fair hearing, duty to give reasons, right to legal redress ('due process') etc. Argument that there is some treaty basis:
- Art 2 TEU (foundational values) o Art 7 TEU breach of fundamental values
- Art 5(1), (3) & (4) TEU subsidiarity & proportionality
- Arts 18, 19, 40 & 157 TFEU equality Sources:
- MS constitutional traditions Hoogovens v High Authority "the court...
chooses from each MS those solutions which, having regard to the objects of the Treaty, appear to be the best or...the most progressive"
- CoJ jurisprudence
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