This principle is essentially a prohibition against discrimination (see Starjakob, C-417/13, EU:C:2015:38, paragraphs 70 to 75, the Court confirmed that the principle of equivalence is not relevant to a situation which concerns only Union law based claims. Clause 11: Retaining EU restrictions in devolution legislation etc. The European Court of Justice has considered the legitimate expectation doctrine in cases where violation of the general principle of legal certainty was alleged in numerous cases involving agricultural policy and European Council regulations, with the leading case being Mulder v Minister van Landbouw en Visserij [1988] ECR 2321 Case 120/86. Subsequently, in J Nold v Commission Case 4/73 the European Court of Justice reiterated that human rights are an integral part of the general principles of European Union law and that as such the European Court of Justice was bound to draw inspiration from the constitutional traditions common to the member states. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. They cannot be treated less favourably. 2 As a step towards this objective ReNEUAL working groups have developed a set of model rules from 2009 until 2014. See for example Hauer case 44/79, EU:C:1979:290 paragraph 15. Examples of general principles include proportionality1, non-retroactivity (i.e. [18] The general principle of legal certainty is particularly stringently applied when European Union law imposes financial burdens on private parties. The adoption of laws which will have legal effect in the European Union must have a proper legal basis. UK laws that are within the scope of EU law and EU legislation (such as directives) that do not comply with the general principles can be challenged and disapplied. It holds that a lawful power must not be exercised for any other purpose than that for which it was conferred. The principle of proportionality as a constitutional principle of EU law – including EU civil law – was first developed to justify restrictions by Member States on free movement under the public policy or general interest proviso. See for example Hauer case 44/79, EU:C:1979:290 paragraph 15. Administrative actions taken under EU law must also comply with the general principles. The ReNEUAL Model Rules on EU Administrative Procedure are designed to reinforce general principles of EU law and identify – on the basis of comparative research – best practices in different specific policies of the EU. Therefore, the general principle of European Union law of proportionality is often considered as the most far-reaching ground of judicial review and of particular importance in public law cases. Under this principle, Union law based claims must be treated in an equivalent way to claims based solely on domestic law. principle of equivalence, in absence of applicable EU law, Member States must grant at least equivalent protection for violation of EU law to that available against violation of national law.4 Provisions used under national law may not be ‘less favourable than those governing similar General principles are applied by the CJEU and domestic courts when determining the lawfulness of legislative and administrative measures within the scope of EU law, and are also an aid to interpretation of EU law. Under this principle, Union law based claims must be treated in an equivalent way to claims based solely on domestic law. They are part of the EU law with which the EU institutions and member states are bound to comply. General principles of EU law may be common to all the national legal systems of the EU countries and compatible with EU objectives, or specific to the EU, even if inspired from principles enshrined in certain national legal … 51 Administrative law is part of public law enabling and constraining administrative conduct, that is, activity designed to implement EU law. IMPORTANCE OF THE PRINCIPLE OF PROPORTIONALITY FOR EU CIVIL LAW: SOME GENERAL REMARKS “HARD LOOK” IN REVIEWING OF NATIONAL MEASURES. [15] The doctrine of legitimate expectation, which has its roots in the principles of legal certainty and good faith, is also a central element of the general principle of legal certainty in European Union law. Examples of general principles include proportionality 1, non-retroactivity (i.e. find, interpret and apply the different sources of EU law, including primary law, secondary law, case law, and the general principles of EU law in concrete cases. General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. General principles of law are basic rules whose content is very general and abstract, sometimes reducible to a maxim or a simple concept. This chapter is concerned with general principles of law in the context of EU law. 50 ing of what are referred to in this chapter as general principles of EU law and of EU administrative law.

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