THE GENERAL PRINCIPLES OF LAW AT THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

Zsuzsa Wopera
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Zsuzsa Wopera: University of Miskolc

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2009, vol. 36, 64-76

Abstract: The purpose of this essay is to present the General Principles of law recognized by the European Court of Justice (hereafter: Court) as the relevant source of the Community Law. In this essay we focus the origins and developments of the General Principles, first of all those principles which bring operation at the civil procedures e.g. the rights of defence, and more specifically the right to hearing, the defendant’s right to an inter partes hearing by an appropriate court, the principle of Legal Certainty which means avoiding multiplication of jurisdiction, avoiding irreconcilable decisions from different courts. In this study we examine these procedural principles at the interpretation of the 44/2001/EC Regulation (Brussels I.) concerning jurisdiction and recognition and enforcement judgment in civil and commercial matters, as the main source of the European Civil Procedure Law.

Keywords: European Court of Justice; Community Law; General Principles; Principle of Legal Certainty; Enforcement Judgment (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:pmu:cjurid:v:36:y:2009:p:64-76

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