General Principles of European Union Law Essay

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Contents
Introduction……………………………………………………………………………………..1
Concept of new legal order and its effect on sovereignty of Member States……………….1
The role of ECJ in developing principles and whether Treaties expressly provided basis for those principles…………………………………………………………………………………2
Supremacy of Community law………………………………………………………………...3
Interpretation of Community law…………………………………………………………….3
Non-discrimination on the basis of nationality/gender as fundamental principle………...4
Principle of proportionality…………………………………………………………………...5
Human rights in the European Union………………………………………………………..6
The direct effect of European law…………………………………………………………….7
Conclusion……………………………………………………………………………………...8 …show more content…
Moreover, this new legal order was accorded supremacy over the national laws of the member states[2]. The European Community is a community based on the rule of law and, in particular, the Treaty had to be recognized as its basic constitutional charter.

While courts of a member sate of the European Community hear a case, there can be some question arisen, such as validity of national courts law to the ECJ or interpretation of the law.
Under the Article 234EC procedure (ex. Art.177), the ECJ can, inter alia, interpret EC law but it cannot apply it: that is a matter for the national courts. Under the other heads of its jurisdiction, the ECJ has both to interpret and apply the law. Whether the acts of the courts were made in accordance to the EC Treaty, the ECJ sentenced three issues to consider: Community law must be drafted in different languages of EU, there are 27 official EU languages; Community law uses terminology which is particular to it. Accordingly, legal concepts may not have the same interpretation in Community law as in the laws of member states; And every provision of community law must be placed in its context and interpreted in the light of the provisions of community law as a whole, regard being had to the objectives thereof and to its state of evolution at the date on which the provision in question is to be applied.

Non-discrimination on the basis of nationality/gender as fundamental principle
Non-discriminаtion principle
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