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LAW OF THE EU

WEEK 7GENERAL PRINCIPLES OF

COMMUNITY LAW

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General Principles of EU Law

Can be referred as “the unwritten” law of the EU

Developed by the European Court of Justice

Reasons for their importance:a) Aid to interpretation of lawsb) Invoke to annul the acts of institutionsc) They become part of the domestic law.

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1. Fundamental Human Rights Fundamental rights as a general

principle of law was accepted by the Court in 1969.- Stauder v. City of Ulm

Community human rights are inspired by the constitutional traditions common to the member states- Internationale Handelsgesellschaft (1970)

International treaties for protection of human rights are also sources for the Court- Nold v. Commission (1973)

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Fundamental Human Rights European Convention for the

Protection of Human Rights and Fundamental Freedoms (ECHR) is a source for the Court

On 28 September 2000, EU prepared the Draft Charter of Fundamental Rights of the European Union

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2. Procedural Rights A) The Right to a Hearing: The right

of both parties to present their cases B) Confidentiality or legal

Privilege:The right of access of one party to the documentation on which the case against it is based. Exception: The information between the lawyer and the client.

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2. Procedural Rights continued C) Certainty: Legitimate Expectation:

Application of the law to a specific situation must be predictable.

D) Certainty: Non-Retroactivity: A law takes effect after its publication.

E) Proportionality: The punishment must fit the crime. Appropriate measures should be applied to achieve the aims.

F) Equality: Non-discrimination on the grounds of nationality, sex. Similar situations must not be treated differently.

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3. Subsidiarity Decisions must be taken as closely

as possible to the citizens affected by them. The EU will take a decision if:

I) the end cannot be achieved satisfactorily at the national level

II) can be better achieved at Community level.

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4. RemediesIn case of breach of their Community lawrights, individuals may obtain remedyfrom their governments in nationalcourts.The legal basis of the responsibility of

state is in Article 5 which is known as the Community loyalty

National courts shall decide on the remedy-National procedural autonomy

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Remedies 3 conditions for the application of

national remedies i) No less favorable than domestic

remedies ii) national rules must not affect

the Community rights iii) penalties must be proportionate

with the breach

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Remedies 1. Interim Relief: temporary decision given

by the court to stop the implementation of a particular law. Conditions shall be determined by national law but the court suggests certain conditions:

A) serious doubts exist for the validity of the measure

B) extreme urgency C) to avoid serious and irreparable

damages

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Remedies 2. Damages: Compensation paid to the

individuals shall be determined by national law but must be effective and real and must be adequate in relation to the damage sustained.

3. Limitation Periods: Individuals should bring the matter before national courts within a period of time. If they miss those periods they lose the chance to demand remedies.

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