European Union Law

The General Principles of EU Law, 2nd Edition

By Takis Tridimas
Oxford University Press May 2006

Specifications

ISBN-13
9780199258062
Publisher
Oxford University Press
Publication
May 2006
Format
Hardback , 720 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

  • 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

New to this edition

  • Analysis of the draft EU Constitution
  • The EU Charter on Fundamental Rights and the principle on abuse of rights
  • The principles of primacy, subsidiarity, attribution of competences, and democracy

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.

Readership: Practitioners and judiciary in EU Member States, scholars and advanced students of European law.

Table of Contents

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 Legiutimate Expectations
7: Fundamental Rights
8: The Rights of Defence
9: The Principle of Effectiveness
10: The Liability of Community Institutions
11: State Liability for Breach of EU Law
12: Conclusions
Bibliography
Index

About the Author

Takis Tridimas, Sir John Lubbock Professor of Banking Law, and Head of the International Financial Law Unit, Queen Mary, University of London

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