Publication details
Vliv judikatury Soudního dvora EU na unijní právo
| Title in English | The Influence of the EU Court of Justice Case-law on Union Law |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Court of Justice of the European Union; case-law; precedent; judicial law-making; interpretation of law; judiciary. |
| Description | The EU Court of Justice is the judicial institution of the European Union and combines the role of a constitutional, supreme and administrative court. Its impact on the Union law and status of European Union is unquestionable. The article therefore aims to find an answer to the question, how it came about that this judicial institution, thus not primarily a legislative institution, gained such an important position. It examines the factors that enabled him to accomplish that – including the wording of the Treaties, multilingualism of the Union and of course the preliminary reference procedure, which in a unique way connects the courts of member states and the Court of Justice, i.e. a body of an international organization. Subsequently, the article aims to answer the question, if, with its decision-making, the Court does not overstep the competences vested by the Treaties. In this respect, it is necessary to take into consideration not only whether its decision-making is in accordance with the respective provisions of the Treaties which directly give competence to the Court, but also whether it does not collide with the institutional balance of the Union, i.e. the analogue of the separation of powers in a state, and does not interfere with competences of other EU institutions. In the article the question of legitimacy of the (law-making) activity of the Court of Justice is discussed too. |