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Lecture notes of 46 pages for the course at University of Hertfordshire (helpful notes)
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EU Law Seminar 6General Principles of EU Law: The Protection
of Fundamental Rights
Kate Macpherson
,Learning outcomes
Understand
Nature and function of the general principles of EU law
Incorporation of fundamental rights into the general principles
Role and method of the Court of Justice
Academic debates about EU fundamental rights
Future role of the general principles of EU law
Post-class written activity and MCQs
,Seminar questions
Q1. Why did the founding Treaties make no express reference to the protection of
fundamental rights?
Q2. What are the general principles of EU law? What is their status in the hierarchy
of EU norms? How many general principles of EU law can you identify?
Q3. What is the significance of the landmark Stauder case? In particular, what are
the basic facts of the case and what did the Court of Justice rule in relation to
fundamental rights?
Q4. What is the significance of the landmark Internationale Handelsgesellschaft
case? In particular, what is the ‘source’ of fundamental rights identified by the Court
of Justice and how are fundamental rights protected within the EU legal system
according to the CJEU?
Q5. What are the different ‘sources of inspiration’ for the protection of fundamental
rights i.e. that have been identified by the Court of Justice in its fundamental rights
case law?
, Question 1
Why did the founding Treaties make
no express reference to the
protection of fundamental rights?
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