Hierarchy of Norms: Hierarchy of Sources and General Principles In European Union Law

Verfassung und Verwaltung in Europa Festschrift für Jürgen Schwarze zum 70. Geburtstag, Ulrich Becker, Armin Hatje, Michael Potacs, Nina Wunderlich (eds.), Nomos Verlagsgesellschaft, Baden-Baden 2014, pp. 334-352.

19 Pages Posted: 19 Jul 2014

See all articles by Jacques Ziller

Jacques Ziller

University of Pavia, Department of Political and Social Sciences

Date Written: February 1, 2014

Abstract

With the entry into force of the Lisbon Treaty, novel issues have to be considered and longstanding issues revisited, relating to hierarchy of norms and to general principles of EU law. They may be solved through an appropriate understanding of the difference between hierarchy of norms and hierarchy of sources of law and more specifically the hierarchy between formal sources and material sources of law. In such a perspective it is clear that only the CJEU can ascertain the character of general principle of EU law of a principle embedded in a norm, whatever it formal status may be. It also appears that general principles of EU law have a rank in the hierarchy of norms that places them below primary law, but above any other formal source, which include international treaties to which the EU is a party, legislative acts, delegated and implementing act, as well as acts adopted on a specific treaty basis and contracts.

Keywords: EU law, hierachy, general principles, EU acts, contracts

JEL Classification: K10,K30,K33

Suggested Citation

Ziller, Jacques, Hierarchy of Norms: Hierarchy of Sources and General Principles In European Union Law (February 1, 2014). Verfassung und Verwaltung in Europa Festschrift für Jürgen Schwarze zum 70. Geburtstag, Ulrich Becker, Armin Hatje, Michael Potacs, Nina Wunderlich (eds.), Nomos Verlagsgesellschaft, Baden-Baden 2014, pp. 334-352., Available at SSRN: https://ssrn.com/abstract=2467982

Jacques Ziller (Contact Author)

University of Pavia, Department of Political and Social Sciences ( email )

Strada Nuova, 65
Pavia, Pavia 27 100
Italy

HOME PAGE: http://www-3.unipv.it/webdsps/it/docente.php?id=ziller

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