The EU System of Justice between Hierarchy and Dialog

  • Jiří Zemánek
Keywords: European Court of Justice, judicature, application of the Community law, preliminary ruling procedure, state liability, national courts

Abstract

After the Aaccession to the European Union, the Czech courts have to meet requirements of the uniform enforcement of Community law. They should adopt methods of interpretation and procedures of application of law practiced within the European system of justice. Such an adoption may be facilitated by the case law of the European Court of Justice. The ECJ case law attempts to release the atension between the centralised law-making in the EC institutions and the decentralised way of application of the Community law on the national level. The author analyszes prerequisities and effects of the preliminary ruling procedure, providing national courts with binding judgements on interpretation of Community law provision or on its validity. Further, conditions of institution and enforcement of state liability for the damage caused by a violation of Community law obligations are reviewed. The analysis leads to a consideration on reflections of these Community instruments in the Czech legal system and practice.

Author Biography

Jiří Zemánek

 

 

Section
Research Articles