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General principles of European Union law
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General principles of European Union law : ウィキペディア英語版
General principles of European Union law

The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. 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. Amongst others the European Court of Justice has recognised fundamental rights (see human rights), proportionality, legal certainty, equality before the law and subsidiarity as general principles of European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.
== Sources of general principles ==
The general principles of European Union law are rules of law which a European Union judge, sitting for example in the European Court of Justice, has to find and apply but not create. The European Community Treaty (EC Treaty) expressly allows European Union judges to apply general principles common to the laws of Member States when determining the non-contractual liability of the European Community. In practice the European Court of Justice has applied general principles to all aspects of European Union law. In formulating general principles, European Union judges draw on a variety of sources, including: public international law and its general principles inherent to all legal systems; national laws of the member states, that is general principles common to the laws of all member states, general principles inferred from European Union law, and fundamental human rights. General principles are found and applied to avoid the denial of justice, fill gaps in European Union law and to strengthen the coherence of European Union law.

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