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The rule of law as the constitutional foundation of the general principles of EU law [PDF]

open access: yes, 2022
This chapter focuses on the rule of law as an overarching constitutional foundation of the general principles of EU law. It is argued that although not a general principle itself, the rule of law is taken to encompass the general principles of EU law and thus it constitutes both a unitary and historical desideratum of the EU legal order.
Konstadinides, Theodore   +1 more
openaire   +2 more sources

‘A Union Founded on the Rule of Law’: Meaning and Reality of the Rule of Law as a Constitutional Principle of EU Law

European Constitutional Law Review, 2010
Rule of law – Constitutional principle – Meaning – Scope of Application – Justiciability – Audit of the European Union's Constitutional Framework – Lisbon ...
Laurent Pech
exaly   +2 more sources

The constitutional allocation of powers and general principles of EU law

Common Market Law Review, 2010
The present contribution supports the contention that general principles of EU law do not operate as an unstoppable centripetal force at the service of an activist judiciary. Quite the contrary, when having recourse to general principles, the ECJ strives to preserve the vertical and horizontal allocation of powers sought by the authors of the Treaties.
Jose A. Gutiérrez-Fons, Koen Lenaerts
openaire   +1 more source

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