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One of the main ways in which the European Court of Justice has influenced the development of the Community legal order is through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This volume provides a detailed and systematic account of the general principles as applied by the European Court of Justice and the Court of First Instance. It highlights the various functions fulfilled by the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail.
The author focuses on principles such as equality, proportionality, fundamental rights and the right to a hearing. The text also analyzes the liability of Member States for breaches of Community Law. It is designed for students, academics and practitioners interested in the wider areas of European law and judicial review.