Towards a uniform interpretation of the principle of good faith in the European Union: a study of general trends in the interpretation and application of the principle

Abstract

The principle of good faith is a universally recognized fundamental principle of law. While the principle’s importance is not disputed, its definition has been deemed non-existent, and the current interpretation is based on vague concepts. To find a solution to this, the present research delves into the essence of the principle within the European Union. The analysis examines the historical and theoretical background of the principle, compares its application in European legal acts, and investigates a vast number of case laws to identify themes and patterns in its interpretation within the European Union. Twofold perspective examines both national and European Union’s positions. The analysis sheds new light on the interpretation and meaning of the principle, whereas central premises underlying the principle are determined, and a definition is proposed based on the findings.