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
Date Written: February 1, 2014
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: Suggested Citation