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 EC 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.
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Provides an analysis of the general principles as applied by the European Court of Justice and the Court of First Instance. This work assesses the impact of the EU Constitution on the relationship between the EU and the Member States and the protection of Community rights in national courts.
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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
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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
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Takis Tridimas is the Sir John Lubbock Professor of Banking Law and head of the International Financial Law Unit of the Centre for Commercial Law Studies at Queen Mary, University of London. He is the co-editor of the Yearbook of European law. He is a Barrister (Middle Temple) and a qualified Greek advocate. In 2003 he was senior legal adviser to the EU Presidency and chairman of the Committee for the Drafting of the Treaty of Accession to the EU by which ten new
States joined the European Union. He is also visiting Professor at the College of Europe, Bruges.
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Fully revised and updated, including coverage of the nascent EU Constitution
Systematic analysis of case law in areas not covered by other books e.g. on the principle of non-discrimination, the scope of application of human rights jurisdiction of the ECJ, and the rules governing remedies for protection of Community rights in national courts
Detailed analysis of State and Community liability in damages
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Produktdetaljer
ISBN
9780199227686
Publisert
2007
Utgave
2. utgave
Utgiver
Vendor
Oxford University Press
Vekt
1014 gr
Høyde
233 mm
Bredde
155 mm
Dybde
38 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
720
Forfatter