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Direct Effect and General Principles of EU Law
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Lecture notes of 4 pages for the course Constitutional Foundations in the EU at UoS (.)
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Direct Effect and General Principles of EU LawGeneral Principles of EU Law
The general principles of EU law have been introduced into the EU legal order by the
Court of Justice of the EU (mixed sources, common legal traditions, values and
principles of Member States or legal traditions, values and principles of international
law).
Part of primary law when they are codified in the Treaty.
A special category of norms that are just below primary law but above all
other EU law, including secondary legislation and international agreements
signed by the EU.
They assist the Court in interpreting and assessing the EU’s own laws, including
Treaty provisions and to provide guidance on the application of EU law.
They may also be pleaded by parties challenging EU law, the actions of EU
Institutions and of the Member States in the application of EU law.
Most common general principles:
The principle of proportionality.
Legal certainty.
Legitimate expectations.
Equality and the protection of fundamental rights.
Armin Cuyvers (2017).
‘General principles can be understood as the dark matter of EU law.
They unify the law, fill gaps, and lend weight and legitimacy to the EU legal
order as a whole.
Like dark matter, moreover, legal principles can be hard to pin down and
describe, as often it is their flexibility and fluidity that allows them to
successfully fulfil the different role they play’.
C-144/04 Werner Mangodf v Rudiger Helm
Age discrimination, specifically against older workers.
German law that made it easier to offer a fixed term contract to those over the age
of 52 by conversely making it easier by reason of the fixed contract to end by
employment relationship and not commit the employer to a permanent or long-term
contract.
Lack of certainty and lack of job security.
An attempt to make the employment of older persons more attractive.
Indirectly, the purpose of the law was to help the employment
opportunities of older workers, because older workers find it harder
to find employment, and to remain in employment.
Law was challenged as being contrary to Directive 2000/78/EC.
General framework for equal treatment in employment and occupation.
Purpose of this Directive is to combat different forms of
discrimination on the basis of different grounds, such as disability,
sexual orientation, religion or belief, and age in the workplace.
Court of Justice held that the German legislation had gone too far, and was therefore
contrary to the prohibition of discrimination on the grounds of age.
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