欧洲法院与欧盟法的一般法律原则

一般法律原则成为欧盟法渊源应归功于欧洲法院的司法实践。作为欧洲联盟的司法机关,欧洲法院大胆将一般法律原则引入欧洲联盟司法制度,并以此弥补欧洲联盟立法空隙。在欧洲法院的判例中,一般法律原则虽然渊源于成员国国内法律制度,但经欧洲法院之筛选和重塑而成为一种独立的法律渊源:共同体一般法律原则。

The European Court of Justice and the General Principle of Community Law

The introduction of the general principles of law into the Community law is attributed to the judicial practice of the European Court of Justice,which,as the judicial organ of EU,has courageously brought the general principles of law into the EU judicial system and in this process has bridged the gap in the EU legislation.By its case law,the Court developed a separate source of law through its careful screening and refinement,which is declared by the Court itself as general principles of Community law.The general principles of law in the cases of the European Court of Justice,though traced back to their domestic legal systems,have already become an independent legal source after its selection through elimination and remodeling: the general principle of Community law.