General Principles of European Union Law

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  • Topic: Directive, European Coal and Steel Community, European Economic Community
  • Pages : 10 (2869 words )
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  • Published : July 6, 2011
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Contents
Introduction……………………………………………………………………………………..1 Concept of new legal order and its effect on sovereignty of Member States……………….1 The role of ECJ in developing principles and whether Treaties expressly provided basis for those principles…………………………………………………………………………………2 Supremacy of Community law………………………………………………………………...3 Interpretation of Community law…………………………………………………………….3 Non-discrimination on the basis of nationality/gender as fundamental principle………...4 Principle of proportionality…………………………………………………………………...5 Human rights in the European Union………………………………………………………..6 The direct effect of European law…………………………………………………………….7 Conclusion……………………………………………………………………………………...8 Bibliography…………………………………………………………………………………...9

General Principles of European Union Law
Introduction
Today’s well-known Union of 27 member states of Europe was created in early 1950s by the chain of events. Early unions such as European Coal and Steel Community (ECSC), European Economic Community (EEC) and the Atomic Energy Community (Euratom) have made the foundation of the developed European Union. European Union is an economic and political entity located in Europe, it is also fact that EU is a huge market. EU was created by the treaty of European Union in 1993. The EU law is supranational law, it is supreme to the national laws of the member states and not limited by any national laws.

Concept of new legal order and its effect on sovereignty of Member States The supremacy of EU law over the national laws of the EU member states means that the law created by EU has a direct effect on the EU countries and must be applied. Case “Van Gend en Loos vs. Nederlandse Administratie der Belastingen” of 1963 has raised a question whether Community law is applicable to individuals as well as to the member states. It has been decided by the European Court of Justice (ECJ) that the national courts must protect individual rights, thus it lead to the creation of “direct effect”. The beneficial part new legal order of Community law is that the states have limited their sovereignty.[1] The case “Costa vs. Enel” (1964) had a significant influence on the EU law. ECJ stated that the EU law is the supreme and the member states are succeeded to gain sovereignty under Community law. National laws cannot overlap Community law which is supreme one.

Certainly, the member states of EU have lost their sovereignty to some extent since they entered the union. EU as a single body is in possession of a power, which is not challengeable by any state. The case outcomes have made Community law supreme. The role of ECJ in developing principles and whether Treaties expressly provided basis for those principles The creation of general principles in the countries of the European Community required decades. There was a doctrine created by the ECJ that the Community law can be drawn from those general principles of laws of the member states of EU and EC legislation.

ECJ considers the treaties of the European Community and the legislation of the member states of EU while deriving general principles. It is enough to implement that the new principle which is developed by ECJ suits to the most member states, it is not a question of necessity that the principle must ensemble to each member state of the union. The only issue is that the principle must be the outcome of Community law, but not the local law. General principles also serve as an appliance tool for the decision even if the treaty particular on particular situation doe not exist.

There are a lot of general principles within the EU. Mainly they are directed to economic, administrative and fundamental rights. The principle of non-discrimination policy is developed by ECJ in order to struggle discrimination of different layers of community. The ECJ has dealt with a number of discrimination cases, namely “Sabbatini vs. European Parliament”, “Airola v. Commission”, etc.

Proportionality is also the major...
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