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The General Principles Of Law At The Practice Of The European Court Of Justice

Author

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  • Zsuzsa WOPERA

    (University of Miskolc)

Abstract

The purpose of this essay is to present the General Principles of law recognized by the European Court of Justice (hereafter: Court) as the relevant source of the Community Law. In this essay we focus the origins and developments of the General Principles, first of all those principles which bring operation at the civil procedures e.g. the rights of defence, and more specifically the right to hearing, the defendant’s right to an inter partes hearing by an appropriate court, the principle of Legal Certainty which means avoiding multiplication of jurisdiction, avoiding irreconcilable decisions from different courts. In this study we examine these procedural principles at the interpretation of the 44/2001/EC Regulation (Brussels I.) concerning jurisdiction and recognition and enforcement judgment in civil and commercial matters, as the main source of the European Civil Procedure Law.

Suggested Citation

  • Zsuzsa WOPERA, 2009. "The General Principles Of Law At The Practice Of The European Court Of Justice," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 36, pages 64-76, March.
    • Handle: RePEc:pmu:cjurid:v:36:y:2009:p:64-76
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj09/recjurid091_4F.pdf
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    More about this item

    Keywords

    European Court of Justice; Community Law; General Principles; Principle of Legal Certainty; Enforcement Judgment;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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