Founding Principles of EU Law

Armin von Bogdandy
2010 Revus  
revija za evropsko ustavnost (2010) 12 www.revus.eu revus (2010) 12, 35-56 Armin von Bogdandy Founding Principles of EU Law A heoretical and Doctrinal Sketch he 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,
more » ... 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. he author also explains their legal and integrative aspects and their constitutional characteristics and illustrates their signiicance for establishing unity of EU law in light of heterogeneous primary law. he article has previously been published in German (Europarecht 2009/6, 749-768) and English (European Law Journal 16 (2010), 95-111). he author would like to thank Maja Smrkolj and Christian Wohlfahrt for their support in inalizing the article; and Jürgen Bast, Jochen von Bernstorf, Iris Canor, Pedro Cruz Villalón, Philipp Dann, and Michelle Everson for their valuable comments.
doi:10.4000/revus.131 fatcat:rjmbdcsbfnhmhj47jtdfk2y2s4