Critically appraise the relevance of general principles of EU Law, Essay

Critically appraise the relevance of general principles of EU Law, such as the principles of proportionality or non-discriminati - Essay Example Defining General Principles The general principle of law is identified as a overall proposition of law of some prominence from which concrete rubrics are derived. The term ‘general’ in overall principles of law discusses, first, the fact that the particular standard of law is inherent in a sequence of unlimited applications of the law1. Accordingly, it is this particular characteristic that is the inconclusiveness in respect to the quality and capacity of the cases upon which the respective principle can be applied, which differentiates a general principle of law from an ordinary principle of law. Contrastingly, the general principle of law bears a more general nature, and is applicable to a wider range of different legal proceedings2. Second, the term ‘general’ also denotes the fact that the corresponding principle of law should be perceived as containing some universal mission. In other words, what characterises a general or universal principle of law in t he framework of EU law is the notion that the respective principle of law is also existent in other national or legal international systems. For instance, when the ECJ3 identifies the proportionality principle as a general principle of law, it supposes that the proportionality principle is also fundamental in other legal systems of law and, it respectfully surpasses the fateful obstacles established between them. Case in point, the ECJ has derived backing for its proposal that proportionality is a general principle of law with specific reference to select EC Member States’ legal systems. Accordingly, the proportionality principle is thereby also existent in the German constitutional and administrative law and French administrative law. General principles of law can be expressly specified such as in constitutional texts or deduced by a procedure of interpretation with regard to legislative texts, the existing legislative objectives, or the fundamental values of the legal syste m. Accordingly, in areas where general principles of law are referred to as sources of law in domestic or international legal systems, such reference usually indicates the principles derived by those courts from explicit rule or the entire legal systems and which exist further than that written law4. In essence, principles offer justification for existing rules. According to Sir Gerald Fitzmaurice, a ‘principle’ of law, is defined to be a rule inherent in the implication of a rule-of-law, which epitomises an ideal of reason and/or of justice, and which is thought to constitute the foundation of the actual institution of law5. Indeed, the principle provides an answer to the question â€Å"why† as compared to the rule which only answers the question of â€Å"what†. Further, a principle of law is different from procedural rules since it is more explicitly defined in the facts of a court’s decision6. Notably, according to Dworkin, the overtness of the p rinciple of law indicates that it is formed as a part of the thought process of a court decision, also referred as the ratio decidendi. Consequently, principles are public, which also implies that they can establish the basis of expectations regarding the manner in which a court will resolve identical cases in future. Indeed, the precedent