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Book II - Principles

Published online by Cambridge University Press:  19 November 2022

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Summary

General principles have played a signifi cant role in the development of EU law from the very beginning; they were needed to fill gaps in its fragmentary structure. The difficulties of a general definition, of their ascertainment and of establishing their rank in the law of the Union have been outlined above; what could be assessed is a distinction between structural principles arising from the nature of the Union’s legal order as a conglomerate of national law and common rules, and external principles derived from districts of the law outside EU law, in particular from comparative law. While defying an overarching description, general principles have been acknowledged in numerous specific instances. Parts IV to VI contain a non-exhaustive list of specific principles which are grouped, according to their aim and focus, in three clusters: principles which are constitutive for any legal community in part IV , principles of the market economy in part V , and principles of solidarity in part VI .

Type
Chapter
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EU Private Law
Anatomy of a Growing Legal Order
, pp. 325
Publisher: Intersentia
Print publication year: 2021

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  • Principles
  • Jürgen Basedow
  • Book: EU Private Law
  • Online publication: 19 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781839701580.006
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  • Principles
  • Jürgen Basedow
  • Book: EU Private Law
  • Online publication: 19 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781839701580.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Principles
  • Jürgen Basedow
  • Book: EU Private Law
  • Online publication: 19 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781839701580.006
Available formats
×