Пряко действие на разпоредбите на Договора за европейска общност и основните форми на законодателството на Европейската общност в светлината на ...
Direct Application of EU Treaty Rules and EU Principal Forms of Legislation according to the European Court Practice

Summary/Abstract: EUROPEAN LAW / This article is examining the impact of the EC Treaty and European law on the jurisprudence of the European Court of Justice. The legal effect of the Treaties and the EC legislation - regulations, directives and decisions is considered separately. It is maintained that despite the voluminous case law of the ECJ since the early 1960s, the problem regarding the direct effect of different EC normative acts is still to be elucidated. It is further emphasized that a great deal of confusion has been created with regard to the criteria for distinguishing the direct effect of the provisions of EC treaty law and of EC legislation on the judicial practice of the European Court of Justice. Therefore, the need of establishing clear guidelines in this respect has been emphasized in the present study. Finally, a conclusion is been drawn that despite some differing views on the direct impact of EC treaty law and legislation the doctrine of direct effect has been advanced and their contribution to the ECJ jurisprudence has acquired larger recognition. This interface between the process of lawmaking and adjudication within the normative framework of the European Law has promoted the development of European Law and jurisprudence.

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