Pravni vjesnik, Vol. 41 No. 1, 2025.
Review article
https://doi.org/10.25234/pv/33031
THE ROLE OF GENERAL PRINCIPLES OF LAW IN THE INTERPRETATION OF UNION LAW
Narda Krnetić Blečić
orcid.org/0009-0007-9333-8586
; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Croatia
*
* Corresponding author.
Abstract
The increasing need for legal regulation in emerging areas at the European Union level, coupled with the growing number of legal acts, places additional strain on the Union’s legal system. Despite efforts by legislative bodies, regulation in these new areas often falls behind the pace of real-life developments, posing an additional challenge for courts in resolving cases through the interpretation and application of legal norms. General principles of law, as part of EU primary law, serve as an autonomous source of law while also aiding in the interpretation of Union law, though there is often ambiguity over which of these roles should take precedence. This paper focuses on the creation of general principles of law and their role in the interpretation of Union law by national courts and the Court of Justice of the European Union. Through an analysis of case law, the author identifies key issues and challenges in applying these principles when interpreting Union law and underscores potential future challenges concerning their role in the EU legal system.
Keywords
general principles of EU law; interpretation of law; methods of interpretation; Court of Justice of the European Union
Hrčak ID:
330688
URI
Publication date:
30.4.2025.
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