Informace o publikaci
Characteristics of Judgments of the EU Court of Justice
| Autoři | |
|---|---|
| Rok publikování | 2018 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | The Court of Justice of the European Union is an independent judicial organ of the European Union, which gives judgments in different types of proceedings. Being a supranational court, it performs tasks that are usual for constitutional and administrative courts, and tasks that are specific to the Court of Justice, i.e. review of compliance of Member States with EU law and ensuring uniform interpretation of EU law. Its decisions possess usual characteristics and procedural aspects that judicial decisions in general have. In this respect we may consider res judicata principle, enforceability, precedential effect and temporal effect of Court’s decisions. However, some of these characteristics are modified due to the specific nature and aim of judicial process on the EU level. One of the basic characteristics of the Court’s decisions is the principle of res judicata. It is a principle common to legal orders of Member States although it has an autonomous meaning on the EU level. Apart from res judicata, judgments of the Court have some precedential force, the degree of which often forms the subject of scholarly discussions. The Court, on the other hand, appears to be clear on that point. Worth noting is also the question of temporal effects of Court’s decisions and the possibility of the Court to limit the temporal effect of its decisions, which is important especially in cases where EU legislation is annulled. The aim of the paper will be to define the various characteristics of the Court of Justice decisions, to analyse them on the basis of Court’s jurisprudence and to deal with them in depth in the context of EU judiciary. |