Acta Univ. Agric. Silvic. Mendelianae Brun. 2013, 61, 2717-2720

https://doi.org/10.11118/actaun201361072717
Published online 2013-12-24

Interpretation of European law, selected issues

Bohumila Salachová, Bohumil Vítek

Department of Law and Social Sciences, Mendel University in Brno, Zemědělská 1, 613 00 Brno, Czech Republic

The article deals with the issue of interpretation of European law. It is based on the classical methodology of law interpretation in continental Europe, but it also reflects the particularities and recent approaches, which are used in European law as in independent and particular legal system. So it is essential to emphasize the autonomous conception of European law, which finally means its own methodology which is different from national attitudes.
By practice of European bodies and mainly by judgments of Court of Justice of European Union was established specific set of rules which corresponds to peculiarities of European Union as an integrative society. The Court of Justice formulated in its decision two basic principles for the application of the European law in the Member States: the principle of direct effect of the European law in the Member States and the principle of the primacy of the European law rules in the national legal rules of the Member States. There should be further assigned to these two basic principles the principle of indirect effect of directives (uniform interpretation) and the principle of State liability for damage caused to an individual by breach of the European law. The application of principles of direct effect and primacy of the European law rules is closely related to the preliminary ruling procedure (prejudicial proceedings). The judge-made law can be used only by the Court of Justice, neither the administrative bodies of EU nor the national bodies have this capacity.

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