General Principles of European Law: as applied by ECJ approach

• Main Authors: Shao-Jung Horng, 洪紹榮
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/41117300519705871180

碩士 === 東吳大學 === 法律學系 === 96 === Abstract This thesis “General Principles of European Law: as applied by ECJ approach” can be divided into seven parts. As the first chapter is an introduction and the last chapter is a conclusion, the main body of this thesis from chapter two to chapter six. The topic of this thesis is “general principles of law” which applied by European Court of Justice (ECJ). Chapter one includes the motivation and purpose of this research, the methodology, the restriction under this title, a simplified description of the references, and the framework of this thesis. In Chapter two, it starts from the conception, features, functions and scope of general principles of law. In this chapter, under part of definition of general principles of law, also discuss the fundamental principles and general principles of European Law. Chapter three discusses general principles of law in the European Union legal order. In this chapter, it starts from the resource and effect of European Community Law and explains general principles of law’s function and scope under community law. Additionally, this chapter also discusses the relationship between EC Treaty and general principles of law. Chapter four and five discuss general principles of law applied by European Court of Justice. These two chapters include six elements, including principle of equality, principle of proportionality, principle of fundamental rights, principle of effectiveness, principle of legal certainty and protection of legitimate, and rights of defense. All of these elements include introduction and case study. The most recent cases (until December 2007) also consist of one part of these elements. In chapter six, we discuss the liability of community institutions and state liability for breach of community law through ECJ cases. We also discuss the procedure and liability of private parties in this chapter. Finally, Chapter seven draws a general conclusion. In this chapter, its first explains the development of general principles of law under EU legal order, and illustrates general principles of law applied by European Court of Justice. In the final part, I brings my points of view in this topic. European Court of Justice has an important role in process of European integration. It is seen as having undertaken the task of giving flesh and substance to an outline Treaty, and as having developed a particular vision of the kind of Europe it sought to promote. When absence of treaties occurs, general principles of law are effective tools to fill a gap. Though this thesis, I wish I can give some references to researcher to this topic.