The second edition of Tridimas's General Principles of EU Law, now suitably renamed to encompass the relevance of the subject-matter in the evolving identity of the European Union, is very aptly timed. The text benefits from extensive updating of available material, its increased length reflecting the proliferation of relevant case law. As indicated in the preface, the approach taken by the author and the overall character of the book remain unaltered, but with some useful restructuring of the contents. The first chapter, for example, includes a fitting introduction on the constitutionalization of general principles. The discussion is set within the wider move towards formalization of EU law, with particular reference made to the potential direction suggested by the proposed Constitutional Treaty. In a similar vein, the second chapter assesses the effect of the Charter of Fundamental Rights on the principle of equality, surveying recent jurisprudence on different non-discrimination cases. Specific points of focus include the rapidly developing areas of education, intellectual property, judicial proceedings and European citizenship. Although an exhaustive examination of the Charter and the key role of the European Court of Justice in the protection of fundamental rights is ab initio said to be outwith the aims of this work, appraisals of its impact have been effectively incorporated throughout the relevant thematic entities. The treatment of proportionality (chapter 5) is also significantly enhanced by the adoption of a clearer outline of the various strands involved and by a detailed elaboration on the Keck Footnote 1 and post-Keck case saga. A newly added title explores the relationship between the principles of proportionality and competence and subsidiarity, offering an insightful perspective on the interplay between these concepts. Finally, the heading previously dealing with liability in damages has now been divided into two separate chapters, allowing for a more thorough treatment of the liability frameworks for Community institutions and Member States respectively.
Arguably, however, the core premises of the book still remain open to discussion, as is the choice of which principles are examined—and excluded. The author's definition of what constitutes a general principle of EU law is not uncontestedly definitive, a point already raised in a review of the first edition.Footnote 2 Doubtless, in the absence of a prescriptive list providing what the general principles of EU law are, there is room for differences in opinion: a ready alternative can be found in Usher's corresponding work.Footnote 3 Tridimas's decision to focus on the principles of law generally recognized by the European Court of Justice, rather than specifically addressing those most commonly accepted as being in themselves general principles of EU law, is certainly not unfounded. Nonetheless, liability in damages and effectiveness do not instantly appear as obvious examples of general principles per se. Hence, this interpretation raises the question whether most aspects of established procedural law of the EU could, conceivably, fit under this heading. For instance, should the right to judicial review of State and Community/Union acts also qualify? The author does, in fact, discuss the right to judicial protection—and thus judicial review—but places it within the ambit of the principle of effectiveness. At the same time, the principle of good administration is considered under rights of defence, a decision based on grounds that are not entirely clear or instinctively appropriate. As a result, the delimitation of what is to be seen as a bona fide general principle of EU law is further interfused with the various existing threads of generally accepted principles of law stemming from the constitutional traditions of Member States. Moreover, although the topics of State and Community liability are covered in considerable length and detail, offering a valuable overview, there is no assessment of the level of consistency in the Court's reasoning. There is an excellent examination of the decision in Bergadem Footnote 4 and the case law following it, matched by the attention given to the judgment in Köbler.Footnote 5 An attempt to compare the relationship between the rules developed in these two separate areas, however, is missed. Similarly, even though the central issue of the rigidity of the rules on locus standi of private applicants is directly addressed under the principle of effectiveness, the recent landmark decisions in UPA Footnote 6 and Jégo-Quéré Footnote 7 are only mentioned briefly. In all, even if one accepts Tridimas's more inclusive definition and allocation of attention to what he regards as being the general principles of EU law, there would still exist a question of balance in terms of content design. A notable example is the exclusion of the principles of transparency and the right of access to documents, both of which have been very much at the forefront of new policy and case law since the last edition. While the logistical implications relating to ‘space and time considerations’ invoked by the author cannot be underestimated, the ensuing apportioning can appear to be somewhat unsymmetrical.
The Treaty of Rome ‘crowned’ the European Court of Justice as the authoritative interpreter of Community law and effective gatekeeper of its unique judicial process. In the light of the past 20 years' extensive Treaty reforms and the expansion of the European Union's competences, coupled with its significant geopolitical enlargement, the marked rise in the Court's case law has further highlighted the importance of its function. Within the continuous development and review of new and existing legislation, general principles of EU law are becoming an increasingly relevant source in the Court's judgments. Tridimas's monograph remains the most comprehensive publication in this subject area. Offering an up-to-date, sophisticated analysis from the viewpoint of a well-recognized expert, it stands as an invaluable point of reference for academics and legal practitioners alike.