Tridimas Takis: The General Principles of EU Law
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2006
Аннотация:
- 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.