Komarova T. The Jurisdiction of the European Court of Justice

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U002396

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

18-05-2009

Specialized Academic Board

Д 24.001.10

Essay

The thesis is devoted to research of the jurisdiction of the European Court of Justice and the forms of its realization such as proceedings and judgments. Primary attention is paid to the main proceedings before the European Court of Justice: proceeding against member-state for failing to fulfil its duties under Art. 226-228 of the Treaty establishing the European Community, proceeding on annulment of Community measures under Art. 230 of the Treaty and preliminary ruling proceeding under Art. 234 of the Treaty. The author proposes the ways of protection of private parties interests in the European Court of Justice. The author underlines that the European Court of Justice develops the legal order of the European Union by producing its decisions. The nature of decisions of the European Court of Justice is defined as “quasi precedent” because of the importance of its using but without binding force. Legal mechanisms of the cooperation between the European Court of Justice and national courts are examined.

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