ESTT ir nacionalinių teismų sąveika aiškinant ir taikant ES teisę ; Interaction between the eu court of justice and national courts in interpreting and applying of the eu law

Abstract

The Court of Justice of the European Union ensures the uniform application and interpretation of European Union law and fills legal gaps. The national courts of the European Union apply European Union law and this stems from membership of the Union and the rule of law. When a national court faces a question about the application of European Union law, they have to refer to Court of Justice for a preliminary ruling. The aim of this thesis is to examine the interaction between the Court of Justice and national courts as well as its significance. The Court of Justice hears references for a preliminary ruling from the courts of the Member States. The concept of a court or tribunal under Article 267 of the Treaty on the Functioning of the European Union includes courts of general and special jurisdiction of all instances, constitutional courts and arbitrations that have certain characteristics. This procedure demonstrates judicial cooperation and a relationship of trust, since a national court that is faced with a question of a European Union act has the right and the obligation to refer to the Court of Justice for a preliminary ruling. It also demonstrates the desire of national courts to maintain a uniform interpretation of Union law in all Member States. In order for national courts to apply European Union law correctly, which includes human rights guaranteed by Union law, they must meet the necessary requirements. The independence of the judiciary is one of them: only an independent judiciary will be able to effectively guarantee the constitutional rights of the people, which are protected by Union law such as the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union. This is a court obligation that derives from the Treaty on European Union. The case of the Court of Justice of the European Union Commission v. Republic of Poland provides excellent evidence that when a court loses part of its independence, it can no longer effectively guarantee human rights. The Court of Justice of the European Union therefore states that it may intervene in the national law of Member States in order to ensure the correct functioning of Union law and human rights, but Poland does not agree and states that what is its national law belongs to it alone.