Bratsuk I. Implementation of the European Union law into legal orders of the Member States.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U005244

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

06-06-2011

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

Dissertation is a comprehensive research of the process of the European Union law implementation into national legal orders of its Member States. Dissertation explores the specifics and the essence of EU legal order and its relationship with international legal order, as well as with legal orders of EU Member States. Based on the case law of the Court of Justice of the European Union, the role and the significance of the principle of direct effect in the process of implementation is substantiated. Further, the criteria set for the provision of the EU law to be capable of having unobstructed direct effect in national legal orders of the Member States are examined. The prerequisites for the emergence of the principle of primacy (supremacy) of the EU law and its current role in the process of implementation of the EU law into national legal orders is explained. Dissertation defines the concept of the "mechanism of implementation of the EU law" and explores the specifics of the implementation of different EU legal acts (such as regulations, directives and decisions) into national orders of its Member States. The definition of "constitutional relationship mechanism" of the EU law and Member States national law driven by the process of EU law implementation is clarified, and the collisions of constitutional norms of Member States and EU law provisions rising as a consequence of implementation process are discovered. The role of national constitutional courts in effectiveness of the implementation process is highlighted in that respect.

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