ES teisės taikymas nacionaliniuose teismuose: prielaidos, taikymo būdai ir problemos

Abstract

National courts have to apply the European Union Law. This obligation derives from their status according the communitary law and general principals, especially the principal of the primacy of the communitary law, direct effect and the effective protection of the individual rights. There are two modes of EU law application. First means the direct application, second - indirect application, which consists in utilisation of the prejudicial procedure. This procedure permits to elucidate the eventual national courts' doubts. It also a factor, which limitates their discretion. Actually by this procedure the authors of the Treaties wanted to achieve uniforme application of communitary law in all the member States. It has to be told, that the effective application is very important also because the Court of Justice has recognazed the State's responsability for the inapropriate activity of national courts