The article analyzes such legal categories as the general principles of the law of the European Union (EU) and the principles of the law of the Eurasian Economic Union (EAEU), which are actively used in the practice of the EU Court of Justice and the EAEU Court, respectively. Recently, there has been a noticeable increase in interest in these legal norms, including due to the activities of the UN International Law Commission, which has included issues of general principles of law in the agenda of its work. If the principles of the EAEU law can be attributed to the nascent category of legal norms of the EAEU law with an as yet unresolved functionality, then the general principles of EU law have long and deservedly played an important role in strengthening the effectiveness of the EU rule of law. At the same time, the issues of assessing these groups of principles from the point of view of international law have not yet been fully explored, especially in the light of the activities of the International Law Commission in terms of general principles of law. The scientific basis of the article is the work of Russian and foreign experts in the field of international law, EU law and EAEU law, as well as documents and materials of the International Law Commission, the founding documents of the European Union and the Eurasian Economic Union, as well as judicial acts of the EU Court of Justice and the EAEU Court. The research methodology consisted of general scientific methods (analysis, synthesis, induction and deduction), special legal methods (formal legal, technical legal, legal analogy) and comparative legal methods. Conclusions have been formulated that, in qualitative aspect, the general principles of EU law in comparison with the general principles of law in international law perform both partially overlapping and completely different functions. At the same time, the general principles of law in the understanding of the International Law Commission, on the one hand, and the general principles of EU law and the principles of EAEU law, on the other hand, are brought closer together by the fact that international courts play a decisive role in the identification and application of these principles.
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O. V. Kadysheva
Journal of Foreign Legislation and Comparative Law
Lomonosov Moscow State University
Moscow State University
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O. V. Kadysheva (Wed,) studied this question.
www.synapsesocial.com/papers/69df2cf7e4eeef8a2a6b209c — DOI: https://doi.org/10.61205/s199132220036080-4