General principles

Abstract

The general principles of EU law comprise a series of unwritten principles, which the EU Courts have extrapolated from the laws of the Member States and have applied in their judicial review. This chapter focuses on the relevant question as to which general principles of EU law also form part of EEA law. Some examples of how these principles have been applied in practice by the EFTA Court within the framework of the EEA Agreement will be discussed, moving from the general principle of homogeneity, which is the cornerstone of the EEA Agreement. The principle of proportionality will also be thoroughly analysed, in particular how it differs from other general principles of EEA law in that it does not protect an independently defined objective, but rather constitutes a guarantee of substantive protection of other legitimate rights requiring a balance to be struck between the means used and the intended aim (or the result attained). The conclusion that must be drawn is that the objective of securing a homogeneous EEA cannot be achieved unless certain general principles of EU law are also applied in EEA law.