Essay about General Principles of European Union Law.

Applying Sch?ppenstedt in subsequent cases, the Court of Justice included within the scope of 'superior rule of law' Treaty articles and general principles of law, such as equality, proportionality, legal certainty, and legitimate expectation.

In this essay, we will deal with the principle of supremacy of EU law from both the Court of Justice and national courts’ perspectives and argue that the given statement is correct in the context that the supremacy principle enunciated by the Court of Justice is itself fictional and its application in the national courts is not absolute.

General principles of EU law may be common to all the national legal systems of the EU countries and compatible with EU objectives, or specific to the EU, even if inspired from principles enshrined in certain national legal systems only.

General principles of law are unwritten sources of law developed by the case law of the Court of Justice. These principles have allowed it to implement rules in different domains of which the treaties make no mention, concerning the non-contractual liability of the EU, for example.

The aim of this essay is to contribute to the ongoing debate about the objectives of European competition law. To understand why the debate has flared, we need to be familiar with the core elements of the debate; articles 101 and 102 in the Treaty of the Functioning of the European Union, efficiency and non-efficiency goals. Articles 101.

Introduction to European Union law.. But first, the allocation of competences is underscored by general principles contained in the Treaties. The EU enjoys exclusive competence in only a few areas. These are customs union, establishing competition rules necessary for the functioning of the internal market, monetary policy for member states.

European Law and the Principle of Conferral Essay Sample. The Principle of Conferral is a fundamental principle of European Union law as stipulated in Article TEU 5(1) its limits of Union competences are governed by the principle of conferral According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states.

Competences not conferred on the EU by the Treaties thus remain with EU countries. While the principle of conferral governs the limits to EU competences, the use of those competences is governed by the principles of subsidiarity and proportionality. Subsidiarity The principle of subsidiarity is defined in Article 5 of the Treaty on European Union.

Answer One. The general principles derive from the Member States. There are a number of general principles: a. Equality. Equality, in principle, means that the same treatment is extended to persons in the same situations and so, for example, a migrant worker in the host state will be treated in the same way as the nationals of that state.

What are the 3 main sources of EU law - Treaties - Legislation- General Principles of Law What is a Treaty? An International Agreement between States Which Treaty established the European Economic Community? The Treaty of Rome Purpose of the Treaty of Rome? 1. Union of.

YourGDL is broken down into the key seven subjects, each one divided into a series of easily digestible workshops.

A number of more specific themes illustrate both the mechanisms and concerns at stake: the circumstances under which general principles of law apply to Member State’s actions, the effect of general principles on the procedural autonomy of the Member States, the creation of positive obligations through general principles of law and the review.