СУДСКИ ПРЕЦЕДЕНТ У ПРАВУ ЕВРОПСКЕ УНИЈЕ
PRECEDENT IN THE EUROPEAN UNION LAW

Summary/Abstract: This article analyses the capacity of courts to create law and, particularly, the question of applying the doctrine of precedent in the European Union law. It is now apparent that many of the most important principles of Community Law can not be found in the Treaties or the acts of the Community legislature, but in the case law of the European Court of Justice. That case law is now often classified as a source of Community Law. There is no legal doctrine of stare decisis (doctrine of precedent), but the European Court of Justice does follow its previous decisions in almost all cases. A corollary of the absence of a doctrine of binding precedent in Community law is that the distinction between the ratio decidendi of a judgment of the Court of Justice and its obiter dicta loses much of its significance.

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