Creation, Development and Impact of the General Principles of Community Law: Towards a jus commune europaeum?
(2005)- Abstract
- The aim of this research is two-fold. First, the general principles of Community law are analyzed as "legitimacy principles", which permit the European Court of Justice to review the acts of the institutions and the Member States. Second, the basic assessment is to reckon the general principles of Community law as effective tools for the building of a jus commune europaeum when they "travel back" to the national legal systems. The creation of this common law is realized in the administrative and constitutional areas. Indeed, following an etiological approach, the general principles of Commuity law can be divided into three main groups: the administrative principles (such as proportionality and legitimate expectations), the due process... (More)
- The aim of this research is two-fold. First, the general principles of Community law are analyzed as "legitimacy principles", which permit the European Court of Justice to review the acts of the institutions and the Member States. Second, the basic assessment is to reckon the general principles of Community law as effective tools for the building of a jus commune europaeum when they "travel back" to the national legal systems. The creation of this common law is realized in the administrative and constitutional areas. Indeed, following an etiological approach, the general principles of Commuity law can be divided into three main groups: the administrative principles (such as proportionality and legitimate expectations), the due process principles which constitute "hybrid principles" as they are imbued with administrative and constitutional values (such as the right to be heard) and, finally, fundamental rights. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/24565
- author
- Groussot, Xavier LU
- supervisor
- opponent
-
- Professor Tridimas, Takis, London
- organization
- publishing date
- 2005
- type
- Thesis
- publication status
- published
- subject
- keywords
- "European Convention of Human Rights", "Legitimacy", "Review", "ECJ", "General Principles of Community Law", "Jus Commune", "Charter of Fundamental Rights", "Spill-over"., EU law, EU-rätt
- pages
- 622 pages
- publisher
- Intellecta docusys
- defense location
- Rättegångssalen, Tryckeriet, Juridicum
- defense date
- 2005-06-04 10:15:00
- ISBN
- 91-628-6527-7
- language
- English
- LU publication?
- yes
- id
- 4ec1b043-47ee-4f31-99ba-d864cb54a879 (old id 24565)
- date added to LUP
- 2016-04-04 10:38:47
- date last changed
- 2022-02-23 13:26:49
@phdthesis{4ec1b043-47ee-4f31-99ba-d864cb54a879, abstract = {{The aim of this research is two-fold. First, the general principles of Community law are analyzed as "legitimacy principles", which permit the European Court of Justice to review the acts of the institutions and the Member States. Second, the basic assessment is to reckon the general principles of Community law as effective tools for the building of a jus commune europaeum when they "travel back" to the national legal systems. The creation of this common law is realized in the administrative and constitutional areas. Indeed, following an etiological approach, the general principles of Commuity law can be divided into three main groups: the administrative principles (such as proportionality and legitimate expectations), the due process principles which constitute "hybrid principles" as they are imbued with administrative and constitutional values (such as the right to be heard) and, finally, fundamental rights.}}, author = {{Groussot, Xavier}}, isbn = {{91-628-6527-7}}, keywords = {{"European Convention of Human Rights"; "Legitimacy"; "Review"; "ECJ"; "General Principles of Community Law"; "Jus Commune"; "Charter of Fundamental Rights"; "Spill-over".; EU law; EU-rätt}}, language = {{eng}}, publisher = {{Intellecta docusys}}, school = {{Lund University}}, title = {{Creation, Development and Impact of the General Principles of Community Law: Towards a jus commune europaeum?}}, year = {{2005}}, }