General Principles of Law in the Practice of the Court of Justice of EU Cover Image

Primjena općih načela prava u praksi Evropskog suda pravde
General Principles of Law in the Practice of the Court of Justice of EU

Author(s): Tunjica Petrašević
Subject(s): EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: European Union;Court of Justice of EU;General principles of law;
Summary/Abstract: It is not possible that any legal system gives a solution for every situation that can arise in practice. The judges are, therefore, sometimes obliged to create legal rule to decide issue before them. Ancient principle of Roman law – non liquet is abandoned today and judge has no possibility to decline his jurisdiction because there is no clear legal provision. General principles of law are unwritten sources of law and they are used in cases where the legislation does not settle the issue. English courts use the doctrine of stare decides to justify its role of a rule-maker while the ECJ for the same purpose uses general principles of law. The ECJ has developed a doctrine that rules of EU law can be derived not only from the treaties and legislation but also from the general principles of law. General principles of law are part of EU primary legislation. In founding the general principles of EU Law, the ECJ draw up inspiration from constitutional traditions common to Member States and international treaties on which the Member are signatories (e.g. The European Convention on Human Rights). The aim of this paper is to provide an overview of general principles of law in case law of the ECJ.