Competence Creep and General Principles of Law

Abstract

The application of general principles of law may lead to an extension of EU competences. The present contribution analyses this subtle process of creeping competences. A number of more specific themes illustrate both the mechanisms and concerns at stake: the circumstances under which general principles of law apply to Member State’s actions, the effect of general principles on the procedural autonomy of the Member States, the creation of positive obligations through general principles of law and the review of national measures in the light of general principles. During the drafting of the EU Charter of Fundamental Rights, creeping competences through general principles was very clearly an important issue. Various provisions have been adopted which aim at stopping the creep. Therefore, the final paragraph of this contribution reflects briefly on the relationship between the competence creep, general principles of law and the Charter of Fundamental Rights.

Keywords: general principles of law, EU competence, EU Charter of Fundamental Rights

JEL Classification: K23, K33