Publication details
Půlstoletí od rozsudku COSTA/ENEL: je unijní právo (stále) zvláštním právním řádem?
| Title in English | Half a Century after the Judgment of the Court of Justice in COSTA v ENEL: Is European Union law Still a Specific legal Order? |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právník: teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | legal order; intersystemic relations; Court of Justice of the European Union; European Court of Human Rights; agreement on the accession of the European Union to the ECHR |
| Attached files | |
| Description | Since the famous COSTA v ENEL judgment was handed down in 1964, European Union law (EU law) has substantially changed and transformed. As a consequence this law no longer possesses several of the qualities which led the Court of Justice to affinn in that case the existence of a new Community legal order. Nevertheless, EU law currently possesses and maintains all the indispensable dogmatic elements which permit it to qualify as a specific legal order. It is a unique, consistent, independent, jormal, coherent, complete and effective set a/legal rules. It is nonetheless imperative that EU law can defend its independence in relation to other concurring legal orders, i.e. domestic law and international law. As regards domestic law, EU law maintains the strong position of a central legal order, while the domestic legal orders of the EU Member States are satellite systems in relation to it, determined thus by EU law rules. Notwithstanding occasional "rebellions" by some Member States and, in particular, by some of the Constitutional Courts of those States against the primacy of EU law (constitutional reinterpretation of some crucial primary law provisions, such as Article 267 TFEU, "ultra vires" procedures and so on), the independence ofEU law continues to be preserved as it has at its disposal a set of effective remedies and means of constraint which guarantee that in the case of a clash or conflict between EU law and domestic law(s), EU law prevails. In relation to international law, the situation is much more delicate, because it is international law which plays the role of a central legal order, whereas EU law finds itself in the position of a satellite system. Certain Members States, several Constitutional Courts and also importantly the European Court of Human Rights treat EU law in some regards as a ''self-contained regime" interconnected with international law. |