General Principles Of Law

Question 0

Sources of GPL

Answer 0

Public international law
Domestic legal systems
ECJs case law

“Common constitutional traditions” Internationale
Standards from international law - Nold v Commission

Charter on fundamental rights

Question 1

Purposes of GPL

Answer 1

Interpretation of EU law : broad, so can fill the gaps

Extra protection of rights

Question 2

Non discrimination

Answer 2

Mangold : grounds of age
Kukudeveci : age
Prais v Council : grounds of religion

Question 3

Proportionality

Answer 3

Art 5(4) TEU

Skimmed Milk Powder case - proportionality in economic measures

Fedesa - “the principle of proportionality requires that measures adopted by the EU do not exceed the limits of what is appropriate and necessary to obtain objectives “

Question 4

FR - history

Answer 4

Initial rejection - Stork v High Authority

Acceptance - Stauder v City of Ulm, Internationale

Question 5

FR - who is bound?

Answer 5

EU institutions

• Kadi and Al Barakaat : a Regulation in breach of FR
• Ordre des Barreaux : can have through interpretation of the Regulation

Member states

• ERT : MS are only bound by FR if acting “within the scope of EU law
• SPUC v grogan : Ireland abortion fliers case, court held that this was not a matter for EU law
• Schmidberger :

Private individuals

• Mangold
• Kukudeveci