Abstract

LOURENCO, Luísa. Rights and Principles in the Charter and the General Principles of EU law: ‘We’re one, but we’re not the same’?. e-Pública [online]. 2018, vol.5, n.2, pp.70-88. ISSN 2183-184X.

General principles of EU law have been widely used in the case-law of the European Court of Justice. In cases involving fundamental rights, however, they have raised especially harsh criticism and accusations of judicial activism. With the Charter of Fundamental Rights of the EU, a codified version of rights and principles seemed to present an opportunity to surmount legal uncertainty. Still, general principles of EU law show no signs of vacating their place in the hierarchy of sources of primary law, and only future case-law of the Court will be able to clarify the scope of application of all available tools for fundamental rights’ protection.

Keywords : Association de Médiation sociale; 9 * Audiolux; 7 * Charter; 15 * fundamental rights; 1 * general principles; 1 * Glatzel; 13 * judicial activism; 1 * Kücükdeveci; 5 * Mangold; 5 * primary law.

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