General principles of law as a source of EU law

The supranational organisation known today as the European Union was founded as the European Coal and Steel Community in the 1950s following World War II, and expanded in scope with the European Economic Community and the European Atomic Energy Community. Predominantly, the founding Treaties would not contain provisions outside the scope of the sector they sought to regulate. Since the founding treaties did not create a complete legal order, lack of identifiable legal rules applicable to arising legal problems could progressively be seen. As a means of preventing denial of justice in cases heard before it, the European Court of Justice would be compelled to fill lacuna in the law with general principles of law inspired by constitutional traditions common to the laws of the Member States and general principles of international law. As a part of the general principles of law itself, fundamental rights found their place within the European Union legal order. Over time, the general principles of law derived from the legal systems of the Member States, now as general principles of EU Law, began to perform different functions and have effects within the EU Legal order in much the same manner as a passe-partout key. The first part of the present thesis examines the theoretical structure of the general principles of EU Law, its relationship with the general principles of law in the legal systems of the Member States and international law with which it interacts, the differences between rules and principles, the position of the general principles of EU law within the hierarchy of the legal sources of the EU and the normative sources of the general principles of law found within the treaties. The second part of the thesis addresses the functions and effects of the general principles of EU law within the EU legal order. In this regard, the role and function that the general principles of EU law have in the context of filling legal gaps, aiding interpretation are analysed in light of the case law of the European Court of Justice. Furthermore, the effects of these principles on the EU institutions acts and acts of Member States are discussed and evaluated. And finally, the effects of the general principles of law in the context of fundamental rights are discussed and analysed.