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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition is due, details can be seen here:
The General Principles of EU Law 3rd ed isbn 9780199534715

The General Principles of EU Law 2nd ed


ISBN13: 9780199258062
ISBN: 0199258066
New Edition ISBN: 9780199534715
Previous Edition ISBN: 0198260121
Published: May 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780199227686



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.

  • 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

Subjects:
EU Law
Contents:
Table of Cases
Table of Legislation
1. The General Principles of Law in the Community Legal Order
2. The Principle of Equality
3. The Principle of Proportionality: Review of Community Measures
4. The Principle of Proportionality: Review of National Measures
5. Legal Certainty and Protection of Legiutimate Expectations
6. Fundamental Rights
7. The Rights of Defence
8. The Principle of Effective Remedies in National Courts
9. Principles Governing Liability in Damages
10. Conclusions
Bibliography
Index;