Research Handbook on General Principles in EU Law

Constructing Legal Orders in Europe

9781784712372 Edward Elgar Publishing
Edited by Katja S. Ziegler, Sir Robert Jennings Professor of International Law, Co-Director, Centre of European Law and Internationalisation (CELI), University of Leicester, UK, Päivi J. Neuvonen, Assistant Professor in European Law, Durham University, UK, Co-Director of the Durham European Law Institute (DELI) and Docent in European Law, University of Helsinki, Finland and Violeta Moreno-Lax, Professor of Law, co-founder and inaugural Co-Director of the Centre for European and International Legal Affairs (CEILA), Queen Mary University of London, UK and Visiting Professor, College of Europe, Bruges, Belgium
Publication Date: April 2022 ISBN: 978 1 78471 237 2 Extent: c 528 pp
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

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This innovative Research Handbook explores the judicial and scholarly approaches to, and theories surrounding, general principles in the EU legal order against the backdrop of considerable uncertainty about the concept. It does so by analysing a diverse range of general principles in discrete areas of EU law (‘zooming in’) and external, wider perspectives on the notion of a general principle of law from international law, comparative law, and legal theory (‘zooming out’).

Rather than arguing for a single closed definition of what a general principle of law in the EU legal order must look like, this Research Handbook identifies conceptual, theoretical, and legal parameters within which the doctrine of general principles can be meaningfully discussed and contested in EU law. The different analytical layers built into this Handbook shed light on whether general principles are defined by the different contexts in which they apply; whether general principles are in practice leading to more coherence between different areas of EU law; and what challenges they create for the EU legal order. Chapters thus contribute to a more refined methodological and doctrinal understanding of general principles in the EU legal order.

Opening up new spaces to critically reflect on the concept, role, significance, and limitations of general principles, the Research Handbook on General Principles in EU Law will be a key resource for scholars and students of European law, politics, and theory of integration and internationalisation.
Critical Acclaim
‘The appeal of general principles lies in their capacity to provide a systematic framework according to which to develop a legal order. And yet does this not suggest an abstract, even illusory, claim to coherence? Where anyway do general principles come from? This book does a wonderfully rich job of navigating the many contexts in which general principles play a role in EU law, and provides a critical account of their several functions.’
– Stephen Weatherill, University of Oxford, UK

‘This is an appealing and comprehensive volume with an attractive line-up of authors and topics on a subject which is of perennial interest to European Union lawyers, namely the general principles of EU law. Touching on key questions of the relationship between national constitutional orders and the EU legal order, the role of the Court of Justice, and the sources of fundamental rights in EU law, the book is likely to be of considerable interest and utility to students and academics of European public law.’
– Gráinne de Búrca, NYU School of Law, US
Contributors include: Andreas von Arnauld, Eirik Bjorge, Graham Butler, Monica Claes, Paul Craig, Sylvia de Mars, Simona Demková, Iris Goldner Lang, Xavier Groussot, Max Hjärtström, Ester Herlin-Karnell, Herwig C.H. Hofmann, Marcus Klamert, Theodore Konstadinides, Dora Kostakopoulou, Nicole Lazzerini, Johan Lindholm, Giuseppe Martinico, Lucinda Miller, Violeta Moreno-Lax, Federico M. Mucciarelli, Jule Mulder, Päivi J. Neuvonen, Julian Nowag, Alexander Orakhelashvili, Sébastien Platon, Clara Rauchegger, Cristina Sáenz Pérez, Jukka Snell, Karsten Engsig Sørensen, Oana Stefan, Anne Thies,  Christa Tobler, Wouter van Ballegooij, Aristi Volou, Ramses A. Wessel, Ewa Zelasna, Jan Zglinski, Katja S. Ziegler 
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