Direct effect of the World Trade Organization law in the legal system of the European Union ; Tiesioginis Pasaulio Prekybos Organizacijos teisės veikimas Europos Sąjungos teisinėje sistemoje
In this Master Thesis the influence of WTO law within the EU legal order was analyzed, particularly the direct effect of WTO provisions which is denied by the CJEU. Discussions why directly effective WTO law is denied are still ongoing and the analysis of the case law of the CJEU reveals that double standards are applied for WTO law. As the research showed, even though the direct effect of WTO provisions is denied, WTO law undoubtedly has an impact within the EU legal system. It is seen from the standpoint of two conditions when it is possible to rely on WTO rules in order to review the validity of EU legislation and through the consistent interpretation. The statement was presented that rather limited interpretation on the direct effect of WTO law encouraged to seek sufficiently sturdy effect by using the alternatives for direct effect. However, as it was reveal in this Master Thesis, WTO provisions are still avoided and infringed by EU legislative institutions as well as the CJEU. The first chapter of this Master Thesis examines two concepts – direct effect and direct applicability. The issue of equalization of these concepts regarding WTO law is highlighted. The second chapter analyses the grounds and reveals both legal and political reasons why directly effective WTO law is denied within the EU legal system. The third chapter confirms that under certain conditions it is possible to rely on WTO provisions in order to review the lawfulness of EU acts. The last, fourth, chapter highlights the importance of consistent EU measures adoption and interpretation with WTO law.