Founding Principles of EU Law. A Theoretical and Doctrinal Sketch

Revus 12 | 2010. 35-56

23 Pages Posted: 22 Apr 2014

See all articles by Armin von Bogdandy

Armin von Bogdandy

Max Planck Institute for Comparative Public Law and International Law

Date Written: June 1, 2010

Abstract

The article provides the groundwork for the constitutional law approach to EU legal scholarship. It stresses the special role of the basic principles of the EU legal order, explaining their dimensions, foundations and their functions. First of all, legal principles play a special role in ordering the legal material into a meaningful whole, a function the author entitles doctrinal constructivism. Furthermore, they can supply arguments for the creative application of the law and can at the same time help to maintain and further legal infrastructure. The author also explains their legal and integrative aspects and their constitutional characteristics and illustrates their significance for establishing unity of EU law in light of heterogeneous primary law.

Keywords: basic principles, constitutional law, constitutional theory, European Union, functions of legal scholarship

Suggested Citation

von Bogdandy, Armin, Founding Principles of EU Law. A Theoretical and Doctrinal Sketch (June 1, 2010). Revus 12 | 2010. 35-56, Available at SSRN: https://ssrn.com/abstract=2427443

Armin Von Bogdandy (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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