The European Court of Justice has profoundly influenced the development of the legal order of the European Union through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This fully revised and updated second edition provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance. It assesses the impact of the EU Constitution on the relationship between the EU and the Member States and the protection of Community rights in national courts.

• Table of Cases


• Table of Legislation


• 1: The General Principles of Law in the European Union Legal Order


• 2: The Principle of Equality


• 3: The Principle of Proportionality: Review of Community Measures


• 4: The Principle of Proportionality: Relationship with Competence and Subsidiarity


• 5: The Principle of Proportionality: Review of National Measures


• 6: Legal Certainty and Protection of Legitimate Expectations


• 7: Fundamental Rights


• 8: The Rights of Defence


• 9: The Principle of Effectiveness


• Liability of Community Institutions


• 11: State Liability for Breach of EU Law


• 12: Conclusions


• Bibliography


• Index