El. knyga: General Principles of European Community Law

Preface ix Ulf Bernitz General Aspects 1(46) The Origins and Development of the General Principles of Community Law 3(22) Matthias Herdegen Introduction: General Principles and the Rule of Law 3(1) Origins 4(5) The Development of Fundamental Rights and of their Protection 9(6) The ECJs Mandate to Engage in Law-Making 15(2) Methodology 17(4) Perspectives 21(4) General Principles of Law in European and National Systems of Law 25(10) T. Koopmans Introduction 25(1) Developments in France 26(3) Developments in Germany 29(2) The European Courts 31(3) Epilogue 34(1) On Legal Normative Dynamics and Jurisdictional Dialogue in the field of Community General Principles of Law 35(12) Hjalte Rasmussen About the Articles Themes 35(2) The Essentials of the National Judicial Findings 37(2) Why National Judicial Threat of Rebellion? 39(4) Not a Satisfactory Human Rights Protection 43(1) Prospects for a Fruitful Future Jurisprudential Dialogue 44(3) Human Rights 47(46) Leading by Example or Leaning on Supremacy? Some reflections on the Union, the Individual and the Protection of Fundamental Rights 49(12) Hans Ragnemalm Introduction 49(2) Securing European citizens right of participation in an ``effective political democracy 51(3) Securing the principle of good administration within the Community institutions 54(3) Enforcing the general principle of Community law that everyone is entitled to a fair legal process 57(1) Conclusion 58(3) Human Rights as General Principles of Law 61(12) Henry G. Schermers Definitions 61(1) Borderlines 62(2) Human rights before the Court of Justice 64(2) Extent of the control by the Court of Justice. 66(3) The Treaty on European Union 69(1) Conclusion 70(3) Human Rights as General Principles of Law, in the Past and in the Future 73(20) A.G. Toth Introduction 73(1) The origin, nature and function of general principles of law 73(6) Are human rights adequately protected as general principles of law? 79(9) The full integration of human rights into the Community legal system 88(5) Institutional Principle 93(68) Proportionality and Subsidiarity as General Principles of Law 95(18) Grainne de Burca Introduction 95(2) Proportionality as a general principle of law 97(6) The Principle of Subsidiarity 103(8) Conclusion 111(2) The Development of General Principles of Law Within Article 10 (ex Article 5) EC 113(6) Laurence W. Gormley General Constitutional Principles of Community Law 119(24) Ola Wiklund Joxerramon Bengoetxea Introduction 119(1) Jurisprudential Queries 119(6) Specificity of general constitutional principles of EC law 125(4) A provisional classification of the general principles of Community law of a constitutional character 129(6) The process of reasoning with principles 135(8) Institutional Principles: A Special Category of General Principles of EC Law 143(18) Bruno de Witte Institutional Principles as ``General Principles 143(3) Vertical Institutional Principles 146(4) Horizontal Institutional Principles 150(5) The Question of Judicial Enforceability 155(3) Conclusion: The Development of Institutional Principles and the Role of the Court of Justice 158(3) Some Individual Principles and Legal Systems 161(56) Legal Certainty and Legitimate Expectations as General Principles of Law 163(22) John Temple Lang The general principle of ``legal certainty 164(3) The principle that the legal position should be made clear 167(1) Consequences 168(1) Implementing Directives 168(1) Conflicting legal measures must be repealed 169(1) Legitimate expectations 170(6) Consequences of breach 176(1) Retroactivity and legislative change 177(2) The Courts power to limit the retroactive effect of its judgments (Article 231) EC Treaty 179(1) Maintaining the effects of unlawful measures: Article 231 179(1) Avoiding time limits for proceedings to annual Community acts 180(1) Provisional validity 180(1) Legal certainty and other general rules 181(1) Comments and conclusions 181(4) The General Principles of Community Law in the Creation and Development of Due Process Principles in Competition Law Proceedings: From Transocean Marine Paint (1974) to Montecatini (1999) 185(20) Xavier Groussot Introduction 185(2) The Creation of Due process principles through the GPL theory 187(7) The Development of Due process principles 194(11) General Principles of Community Law: Procedural Guarantees- A Note 205(8) C.S. Kerse Introduction 205(1) Importance of procedural guarantees 205(1) Development of procedural guarantees in Community law 206(2) Definition of procedural guarantees 208(1) Codification/harmonisation 209(1) Relationship with the European Convention on Human Rights 209(1) A task for the judges or for the legislators? 209(4) General Principles of Law in Swedish Law 213(4) Goran Schader Concluding and Summarising Notes 217(18) General Principles of Community Law - Concluding Remarks 219(4) Leif Sevon General Principles of Community Law in the Future: Some Remarks on their Scope, Applicability and Legitimacy 223(12) Joakim Nergelius Which are the General Principles? Conceptions and Categories 224(5) Current legal Status of the Principles--Some Observations and Proposals 229(3) A Quick View to the Future 232(3) About the authors 235(4) Table of cases 239