Hierarchy of Norms : Hierarchy of Sources and General Principles In European Union Law

With the entry into force of the Lisbon Treaty, novel issues have to be considered and longstanding issues revisited, relating to hierarchy of norms and to general principles of EU law. They may be solved through an appropriate understanding of the difference between hierarchy of norms and hierarchy of sources of law and more specifically the hierarchy between formal sources and material sources of law. In such a perspective it is clear that only the CJEU can ascertain the character of general principle of EU law of a principle embedded in a norm, whatever it formal status may be. It also appears that general principles of EU law have a rank in the hierarchy of norms that places them below primary law, but above any other formal source, which include international treaties to which the EU is a party, legislative acts, delegated and implementing act, as well as acts adopted on a specific treaty basis and contracts