On the role of the principles of European Union law in its interaction with national law Member States
DOI:
https://doi.org/10.17308/vsu.proc.law.2020.2/2817Keywords:
European Union, EU law, principle of supremacy, principle of direct effect, principle of subsidiarity, principle of proportionality, principle of conferral, principle of loyalty, implementation, mechanism of implementationAbstract
the paper describes the legal system of the European Union as an autonomous entity, which is manifested in the mechanism for the implementation of its norms in the legal systems of member states. The particularities of the process of implementation of communitarian norms are determined by the principles of EU law, primarily the principle of supremacy and direct effect. Due to the absence in EU primary law of a clear mechanism for the interaction of communitarian law with national law, the author analyzes the relevant practice of the EU Court of Justice, which largely fills these gaps. Given that member states are obliged to create necessary conditions for implementation of EU law in national legal orders, certain features of this process were also considered.
