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The Notion of Effectiveness in the Law of the European Union

100%
Stępkowski Ł.
Studia nad Autorytaryzmem i Totalitaryzmem
|
2016
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vol. 38
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issue 2
81-96
EN
The work submitted herein aims to address the question of effectiveness of EU law. Effectiveness of that law is subject to an ongoing controversy, as there is no agreement in legal literature either on the legal status of effectiveness or its use by the Court of Justice of the European Union. The author undertakes to outline the grounding of effectiveness in EU law in relation to both written law and jurisprudence of the Court. The work assumes the use of the descriptive approach in the legal doctrine, specifically the explanatory non-normative legal doctrine by A.R. Mackor. In this manner, this paper elects to present descriptive statements with extensive use of the Court’s case law as a feature to establish the content of applicable law. This work takes account of the law and jurisprudence as they were on 11th of October 2015.
2
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National courts are also courts of the European Union

100%
Tomášek M.
The Lawyer Quarterly
|
2024
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vol. 14
|
issue 1
1-14
EN
The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of European Union law. Its position as the court of the EU is explicitly and indisputably determined. The principle of the primacy of EU law over the domestic law of a Member State is considered one of the essential if not the essential requirement for the relationship between the separate legal orders: EU law on the one hand and domestic law on the other. Despite its unquestionable importance and unlike other principles developed by the CJEU, this primacy has never been incorporated in the founding treaties. The mechanism of references for preliminary ruling remains the primary means of dialogue between national courts and the CJEU. It enables the courts to maintain a harmonised interpretation of EU law and the use of the references by national courts is a good indicator of their relationship with the CJEU. It is noteworthy that the national courts have quickly embraced this instrument, thus the importance of the references for preliminary ruling exceeded the expectations of the framers of the Treaties in that originally they were intended as a complementary mechanism in the system of actions between the Member States and the Union bodies.
3
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Skutki prawne procedur notyfi kacyjnych z perspektywy prawa Unii Europejskiej

86%
Cieślik Z.
Przegląd Sejmowy
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2014
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issue 5(124)
29-54
EN
The article provides an analysis of the case law of the Court of Justice of the EU in matters of notification. The analysis is primarily aimed at identification of the normative sources from which the Court derives its conclusions concerning the legal consequences of a breach of notification rules by the Member States and encompasses three notification procedures relating to norms and technical provisions, state aid and matters falling within the competence of the European Central Bank. Apart from general remarks on the evolution of case law in this area, the author examines: the nature of legal consequences that are associated with a breach of the notification rules; the system context of adjudication (findings concerning the provisions of law directly interpreted by the Court or other EU legal acts taken into account in the process of inference); the scope of legal consequences (including the specification of the rules to violation of which these consequences are attributed) as well as the criteria for their attribution. These findings help to assess the position on the legal consequences of a breach of notification duty by a Member State, which is presented in official EU documents. The author verifies the tendency (apparent from the Guide to consultation of the European Central Bank by national authorities) to attribute uniform legal consequences of violation of the rules defining various notification procedures.
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