The Court of Justice of the European Coal and Steal Community as Prototype of the Court of Justice of the EU
Journal Title: Проблеми законності - Year 2018, Vol 140, Issue 140
Abstract
The history of the foundation of the Court of Justice of the European Coal and Steal Community, which became the prototype of modern Court of Justice of the European Union, is enshrined. The model, on which the Court was found and factors, which influenced and helped actively formulate the autonomous legal order of future European Union, are analyzed. The author learned the influence of national practice of the States-founders of the European Coal and Steal Community on establishment of the Court’s functions as well as of international experience. This influenced on the unique features of Community’s judicial system and on the formation of supranational mechanisms of judicial protection. The author shows that from the beginning of functioning of the Court of Justice of the European Coal and Steal Community it has played the role of defender of private persons’ interests and this fact differ the Court from classical international judicial organs. Private persons quite effectively appealed against the decisions of Community institutions and this shows the orientation of new Community not only on States but on people of Europe. The Court of Justice of the European Coal and Steal Community was not just a formal predecessor of the Court of Justice of the European Union, but it determined the vector of the development of judicial practice and principles which are still form the cornerstone of the functioning of justice in the EU.
Authors and Affiliations
Тетяна Комарова
Keywords
Related Articles
- EP ID EP271886
- DOI 10.21564/2414-990x.140.125991
- Views 103
- Downloads 0
The Recognition and Enforcement of Foreign Judgements in Civil Cases in the Context of Practice of European Court of Human Rights
The article addresses recognition and enforcement of foreign judgements in civil cases in the context of the practice of European Court of Human Rights. The conclusion is made, that European Court of Human Rights analyze...
FORMATION OF THE SYSTEM OF ORGANIZATIONAL AND ECONOMIC SUPPORT OF INNOVATIVE RELATIONS IN UKRAINE
The article deals with the formation of the optimal mechanism of economic and legal support of the state innovation policy, the definition of the subject, and would perform a general and leading role for the national inn...
Grounds acquittance from civil liability of the carrier for breach of contract of carriage passengers and baggage
The essence of the concepts of «force majeure» and «emergency» has been clarified, revealed their contents; individual circumstances as grounds for acquittance from the carrier’s civil liability with the practice of the...
The Application of Overriding Mandatory Rules by Ukrainian Courts in Cases Arising on Cross-Border Unfair Competition
In private international law, there are a number of restrictions in the application of foreign law. Under national laws, some of these limitations appear as mandatory rules based on public policy. These kind of rules sha...
Правова політика Європейського Союзу у сфері охорони та раціонального використання вод
Розглянуто основні питання водної політики Європейського Союзу щодо охорони вод та раціонального водокористування. Виокремлено три законодавчі хвилі, впродовж яких було прийнято ряд директив та рішень, що встановили: еко...