'A matter of principle' : the interaction of general principles of EU law with other legal sources in the case-law of the CJEU

Abstract

General principles of EU law have been used by the Court of Justice of the European Union since its inception. They have been attributed several functions, and their application reaches across all fields of EU law. Much has been written about individual principles, but the analysis of their application in combination with other legal sources has been neglected. This thesis aims at presenting a framework to study the relationships of different norms in the EU, having general principles as a reference norm. It is an enquiry on how certain general principles are applied in combination with provisions in Treaties, regulations and directives. The Court has, in great part, been responsible for the construction of these interactions; and the modes of operation used show another facet of a peculiar legal system. Many times studied from the perspective of a rigid hierarchical legal system, EU law is indeed much more complex, with its different sources assuming different possible combinations, which lead to different results. By deconstructing the existing pre-conceptions with regard to the categories and functions attributed to general principles of EU law, this thesis aims at showing that a broader theory relating to the interaction of these and other legal sources, and the impact and effects achieved therewith, is missing. As such, a new taxonomy, based on the modes of operation deployed in the use of these tools, is here proposed, in an attempt to bring clarity to the principle-based reasoning of the CJEU.