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European Union Law (LS2011) Question 6: "The role of general principles in EU law is opaque and uncertain." Discuss. Student ID: 03157563 Since the founding European Community Treaties of the 1950's there has been a noticeable evolution in regards to the lack of provisions concerning the protection of human rights in the conduct of the Community affairs. Primarily this evolution was the work of The Court of Justice, who stated that "the 'general principles of EC law' include protection for fundamental rights which are part of the common constitutional traditions of Member States."1 Article 249 of the EC treaty lays out the sources from which the Community may govern, with greatest emphasis being placed on regulations and directives. However, there are 'softer' forms of law, which have been adopted due to their natural and logical evolution in practice. The 'general principles', inspired by the common traditions and constitutional rules shared by the Member...

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