General Principles of Law: European and Comparative Perspectives

(Hardback)

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Description

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Reviews

Overall, this is a thought provoking book... A collection of well written essays that remind us of the kaleidoscopic nature of the European legal order, forcing the reader to leave the clichs behind and reflect more deeply about legal concepts we use on a daily basis, without ever fully grasping their nature. -- Tim Corthaut * European Law Blog *
This book has a somewhat stronger leaning towards legal history and legal theory than most of the previous publications within this field, trying to put the issue of general principles in a given theoretical context. This definitely makes it an interesting and important contribution to EU law literature. -- Joakim Nergelius * Common Market Law Review *

Author Bio

Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt. Stephen Weatherill is Jacques Delors Professor of European Law, University of Oxford.