General Principles of Law

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Auteur

Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.

Stephen Weatherill is Jacques Delors Professor of European Law, University of Oxford.

Contenu

1. Introduction
   
   2. General Principles of International Law
      Catherine Redgwell
   3. From Myth to Reality: The EU's 'New Legal Order' and the Place of General Principles Within It
      Stephen Weatherill
      
      Part I: General Principles of European Union Law
   4. Theorising General Principles of EU Law in Perspective: High Expectations, Modest Means and the Court of Justice
      UrSka sadl and Joxerramon Bengoetxea
   5. Is Legality a Principle of EU Law?
      Alexander Somek
   6. General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union
      Xavier Groussot, Jörgen Hettne and Gunnar Thor Petursson
   7. General Principles and Customary Law in the EU Legal Order
      Samantha Besson
      
      Part II: Proportionality
   8. Proportionality
      Alison L Young and Gráinne de Búrca
   9. Proportionality and Judicial Review: A UK Historical Perspective
      Paul Craig
   10. The Evolution of the Principle of Proportionality in EU Law-Towards an Anticipative Understanding?
       Juliane Kokott and Christoph Sobotta
   11. Proportionality and the Margin of Appreciation: Strasbourg and London
       Philip Sales
   12. Origins and Presentation of the Proportionality Principle in French Case Law
       Yoan Sanchez
   13. An Italian Perspective on the Principle of Proportionality
       Giuseppe Martinico and Marta Simoncini
   14. The Application of Proportionality in Denmark in the Light of European Legal Integration
       Helle Krunke
       
       Part III: Private Autonomy and Protection of the Weaker Party
   15. Private Autonomy and Protection of the Weaker Party
       Stephen Weatherill, Stefan Vogenauer and Petra Weingerl
   16. Private Autonomy and the Protection of the Weaker Party: Historical
       Hector L MacQueen and Stephen Bogle
   17. Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview
       Dori Kimel
   18. Private Autonomy, Weak Parties and Private Law: Views from Law and Economics
       Fernando Gómez and Mireia Artigot
   19. Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the
       European Union
       Daniela Caruso
   20. Discrimination on Grounds of Obesity
       Niilo Jääskinen
   21. Discrimination on the Grounds of Sexual Orientation and Gender Identity
       Alina Tryfonidou
       
       Concluding Remarks
   22. Judging General Principles
       David Edward