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In formulating general principles, European Union judges draw on a variety of sources, including: public international law and its general principles inherent to all legal systems; national laws of the member states, that is general principles common to the laws of all member states, general principles inferred from European Union law, and ...
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 Treaty on the European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU forms the basis of EU law , by setting out general principles of the EU's purpose, the governance of its central institutions (such as the Commission, Parliament, and Council ...
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions.
[2] [3] [4] For the European Court of Justice, national courts and public officials must disapply a national norm that they consider not to be compliant with the EU law. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution.
Produktschap, [21] the European Court of Justice established that the procedural rules of each member state generally apply to cases of EU law. However, two basic principles must be adhered to, namely the "principle of equivalence" (the procedure for EU cases must be equivalent to the procedure for domestic cases), and the "principle of ...
Contract law represents one of the areas of private law harmonisation being pursued and progressed by the European Commission, while the Principles of European Contract Law are a set of model rules drawn up by leading contract law academics in Europe, which attempt to elucidate the basic rules of contract law, and more generally the law of ...
On a reference from the German court, the ECJ ruled that whilst the application of Union law could not depend on its consistency with national constitutions, fundamental rights did form an "integral part of the general principles of [European Community] law" and that inconsistency with fundamental rights could form the basis of a successful ...