Europos Sąjungos teisės ir nacionalinės teisės santykis

Abstract

While analysing the relation between the European Union law and the national law, the distribution of the competence between the European Union and the member states is being analysed primarily. The doctrine establishes many different variants of the classification and the reasonings, which may serve to distinguish one competence sphere from another, however it lacks clarity. The distribution of the competence of the EU and its member states is based not on the common constitutional attitude, but on courts, which are responsible for the determination of the classification. At the moment the competence partition issue is the key discussion point. The constitution scheme solves many problems regarding the delimitation of the competence between the EU and the member states as well as it consolidates particular spheres of EU competence and determines the disputable categories. But since the European Constitution has not been given the force yet (it has not been ratified by all its member states so far) it cannot be applied directly. The key competence implementation principles have been discussed as well, alike subsidiarity, which restricts the abuse of the competence and is also very important in retaining the member states‘ competence, and proportion, which says that the state institutions must retain particular proportion among the aims to be achieved and the means to be applied to do that. The thesis is based on the direct analyses of the application and the operation, it elicits, which norms of the EU law are being applied directly and which are directly effective, it also explains the distinction between the EU law acquisition known as horizontal and vertical, it distinguishes between the terms of direct applicability and direct effect. The analysis of the EU superiority principle is based on the ETT court practice (the resolution of the Costa v. ENEL, Simmenthal, Internationale Handelsgesellschaft mbH, and other ETT cases). The EU law superiority over the national law acts is being stated consequently.