ПОГЛЕД НА ПРАВО И ОСТВАРИВАЊЕ ПРАВА ЕВРОПСКИХ ЗАЈЕДНИЦА
EUROPEAN COMMUNITIES LAW AND ITS PUTTING INTO EFFECT

Summary/Abstract: This is an elaboration of the organisation, functionning, creation, notion and legal nature of the law of European communities. Expression "European law" is not adequate, since it should refer only to some of European countries, or exist only as a geo-juridical and not legal term. Further reviewed are the subjects creating this law and the scope of going into social relations to be regulated by it. These sources are divided into various levels and into primary and derivative ones. The relationship between the European communities law and national laws is also treated, with the conclusion that the former has priority over the latter, which is both the stanдрoint of the theory and the legal practice of member-states. However, there is still a controversy over this relationship and the object of regulation of Eropean law, which is complicated also by conflict of laws over priority and over the issue of significance. There exists the European Court in Luxemburg and its jurisdiction and procedure are prescribed by European law. This Court is important in eliminating conflict situations regarding the above controversy - which is elaborated in the present article, too. The role of the Court is also important in deciding on issues concerning the interpretation of treaties on establishing European communities, and on interpreting the decisions of the bodies and agencies of European communities. The conflict of laws which may be processed by every national court creates a duty of such court to refer the case to the European Court in order to have preliminary' decision. That procedure initiates a series of issues which are the topic of the final part of the article, since the Court has a significant role in developing the European communities law.

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