Klyuchnikov A.Yu. The Impact of the Practice of the Court of Justice of the European Union on the Application of EU Law

DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.18

Andrey Yu. Klyuchnikov, Judge of Pravoberezhny District Court of Lipetsk, Plekhanova St., 72, 398050 Lipetsk, Russian Federation; Candidate of Sciences (Jurisprudence), Associate Professor, Russian Presidential Academy of National Economy and Public Administration (Lipetsk Branch), Internatsionalnaya St., 3, 398001 Lipetsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article is devoted to the study of the impact of the practice of the EU Court of Justice on the national law enforcement and norm-setting, the implementation of the goals and objectives of the EU, the formation of a unified judicial practice. For this purpose, the author studies the genesis of the practice of the Court of Justice of the EU, illustrating it by the interrelated areas of protection-the EU citizenship and the fundamental rights and freedoms of man and citizen. The applied method of system analysis allowed revealing the tendency of activism of the Court of Justice of the EU in the extension of the scope of EU law and its effective interpretation. Results: the EU judicial body has developed the rule according to which the latter are obliged to implement the sphere of public life in accordance with EU law when referring to the competence of the EU member states. The EU citizenship as an economic category has gradually become a political institution that has allowed the principle of non-discrimination to be introduced. Three grounds for the application of EU law have been established: the obligation to implement it is fulfilled; the national act establishing the exceptions to the EU constituent treaties is entering into force; and the substantive rule is applied in certain factual circumstances. Conclusions: the Court of Justice of the EU takes measures to ensure the effective interpretation of EU law, extending its scope of application and its own competence. The consistent reinforcement of the concept of EU citizenship and the fundamental human rights has occurred at the expense of its practice. The norms of the national law that do not correspond to the common European practice are covered by the supranational judicial control and may be recognized as invalid. The Court of Justice of the EU goes beyond the legal interpretation of EU law and due to the emerging practice provides for the extension of the scope of EU law.

Key words: the Court of Justice of the EU, law enforcement, lawmaking, judicial practice, interpretation of law.

Citation. Klyuchnikov A.Yu. The Impact of the Practice of the Court of Justice of the European Union on the Application of EU Law. Legal Concept, 2018, vol. 17, no. 3, pp. 126-132. DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.18

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