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The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal ...
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
General principles of law have been defined in the Statute as "general principles of law recognized by civilized nations" but there is no academic consensus about what is included within this scope. [ 71 ] [ 72 ] They are considered to be derived from both national and international legal systems, although including the latter category has led ...
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament , the Council of Ministers and the European Commission .
The European Union is only open to a "European" state which respects the principles of "human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities". Countries whose territory is wholly outside the European continent cannot therefore apply.
The Court of Justice of the European Union also recognizes general principles of law in European Union law. In international law, "general principles of law recognized by civilized nations" are considered a source of law under Article 38.1 (c) of the statute governing the International Court of Justice. [2] [3]
A peremptory norm (also called jus cogens, Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a non-derogable norm. These norms are rooted in natural law principles, [14] and any laws conflicting with it should be considered null and void. [15]
The European Union's Law is based on a codified set of laws, laid down in the Treaties. Law in the EU is however mixed with precedent in case law of the European Court of Justice. In accordance with its history, the interpretation of European law relies less on policy considerations than U.S. law. [1]