The European Court of Justice and the National Interests of the European Union’s Member States

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The European Court of Justice and the National Interests of the European Union’s Member States

Journal Title: Проблеми законності - Year 2016, Vol 134, Issue 134

Abstract

The article is devoted to the research of CJEU’s practice concerning the interpretation of national interests of the European Union’s Member States in resolving disputes submitted for its consideration. Analyzed decisions of the CJEU allows to trace its position on the matter and the evolution of practices regarding the balance between different interests – the interests of the Union and the States. Also in article there are analyzed actual problems of the modern European Union law (human rights, free enterprise, etc.), its institutional system and direct the judicial authorities in the EU. For modern evolution of the EU it is highly important to have orientation not only on common interests of the EU but on interests of members states. In the late jurisprudence of the Court of Justice of the European Union there is a tendency of retreating from strict practice of favoring only to interests of the EU and interpreting interests of members states in order to find the balance between two types of interest especially after amendments of Lisbon treaty. In the context of this research it should be noted that the Court of Justice of the European Union during interpretation of national interests of member states uses the principle of self-restriction in interpretation of law. Herewith the Court quite flexible uses this principle and this leads to appearance of new highly important precedents. It should be underlined that the Court has a negative to the application of acte claire doctrine because of some risk of been bound to act only in one direction without taking into consideration any possible changes of judicial practice in future. The conclusion is made that for the strengthening of European integration it is highly important not only the jurisprudence of the Court, but the activity of constitutional courts of member states and also their parliaments, which under Lisbon treaty got a lot of democratic competences. Exactly the cooperation of these key subjects of European integration will help in future to avoid the collisions of interests of member-states and of the EU.

Authors and Affiliations

Тетяна Комарова

Keywords

the European Union; the Court of Justice of the European Union; judicial system of the EU; Member States of the EU

EP ID EP174745
DOI 10.21564/2414-990x.134.73677
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