Guido Alpa

I principi generali nella cultura giuridica tradizionale e nelle pronunce della Corte di Giustizia dell'Unione europea

  • Abstract

Informations and abstract

Keywords: General Principles of Law; Constitutional Principles; Judicial Interpretation; Constitutionalization of Legal Order; Abuse of General Principles of Law.

The paper focuses on the increasing recouse to principles by courts and is meant to provide for a reconstruction of the contexts in which legal principles are applied; the authority which they stem from; the aims they are used for; the meanings they have turned out to be given in the different contexts; and, finally, some results of their application. The analysis underlines how, in practice, principles tend to be used as a tool to address loose rules, values, but also sectoral trends and orientations. The analysis is carried on by looking at multiple levels - Italian domestic courts, the European Court of Justice, the European Court of Human Rights - and detects the phenomenon of the movement of principles across different legal orders, which is obviously relevant when talking about legal certainty.

Trova nel catalogo di Worldcat

Article first page

Article first page