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Are there general principles of community law affecting private law?

Redaktör:
  • Ulf Bernitz
  • Joacim Nergelius
  • Cecilia Cardner
  • Xavier Groussot (Assistant Professor)
Publiceringsår: 2008
Språk: Engelska
Publikation/Tidskrift/Serie: General principles of EC law in a process of development
Dokumenttyp: Del av eller Kapitel i bok
Förlag: Kluwer law international

Sammanfattning

The purpose of conference of the Swedish Network for European Legal Studies in Stockholm on March 22 and 23 was to detect and evaluate general principles of European community law. The conference was a follow up to the 1999 Malmö conference on the subject and the question was if there had been any new development. In 1999 general principles of Community law was discussed from the perspective of human rights and administrative law. This time the purpose was broadened and included consequences of the enlargement of the Union and if general principles were emerging, which could impact the sphere of private law.
The discussion on general principles has primarily been driven by lawyers specialized in Constitutional and European law. The fact that this time “less experienced” (in the field!) private law lawyers and lawyers from new Member States participated, added new dimensions, perspectives and questions: What is a general principle, how does it develop and what impact does it have. This article argues that the question of general principles is not just a question of detecting important principles of Community law, but that the development signifies an ongoing convergence of interpretation of the law, which will harmonize understanding between civil and common law countries. First of all, the article will define the general principles in private law. Secondly, it will analyze the impact of the general principles on private law within the European Court of Justice (ECJ) case-law.

Disputation

Nyckelord

  • Law and Political Science
  • constitutional law
  • konstitutionell rätt
  • EU-law
  • general principles
  • contract law

Övriga

Published

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