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Creation, Development and Impact of the General Principles of Community Law: Towards a jus commune europaeum?

Groussot, Xavier LU (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)
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author
opponent
  • Professor Tridimas, Takis, London
organization
publishing date
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
ISBN
91-628-6527-7
language
English
LU publication?
yes
id
4ec1b043-47ee-4f31-99ba-d864cb54a879 (old id 24565)
date added to LUP
2007-06-01 07:34:02
date last changed
2016-09-19 08:45:06
@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},
  keyword      = {"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},
  pages        = {622},
  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},
}