Law
Henning Rieckhoff
Der Vorbehalt des Gesetzes im Europarecht
[The Principle of Legality in European Law.]
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Published in German.
The European Court of Justice and legal scholars view the principle of legality as a general principle of European Community law. Unlike in national and in particular in German law, the concept has remained rather vague on a European level and requires further systematic and dogmatic development. Henning Rieckhoff shows that in European law the principle of legality is already firmly based on the rule of law, whereas its basis in democracy and basic rights has just started to gain ground. Due to its limited normative impact, it is questionable whether or not the thread of legitimation between the individual European citizen and the exercise of public power is strong enough. The author also questions how it is possible to compensate for the loss of significance of the traditional German principle of legality in the course of European integration by introducing a European theory of the principle of legality, and in doing so creates a comprehensive concept for this.