THE ROLE OF THE CJEU IN THE PROCESS OF EUROPEAN INTEGRATION
https://doi.org/10.59982/18294359-26.1-em-19
Abstract
Since the very inception of the European Communities, the Court of Justice of the European Union (CJEU) has actively promoted the idea of integration and has served as one of its most significant catalysts. The underlying motives of European integration have exerted a decisive influence on the judgments of the Court of Justice of the European Union. Through its case-law, the Court of Justice of the European Union has formulated the most fundamental characteristic of the principle of autonomy of the EU legal order: the fact that the EU operates independently of the national laws of its Member States. In this regard, the principle of the autonomy of the European Union legal order has become a subject of special study in this article. The significance of this principle is further underscored by its pervasive operation across all stages of both the creation and application of EU law.
In this context, the academic community has raised various questions, such as: why integration holds such profound significance in the jurisprudence of the CJEU, what its place within the system of EU legal norms, and whether European integration can be conceptualized as a value, in itself or rather as an ultimate objective of the EU. This article is dedicated to addressing these critical inquiries and examining the diverse, at times contradictory, perspectives surrounding them, which ultimately reveal the role of the Court of Justice of the European Union in the consolidation of the EU and its impact on integration processes.”
Keywords: Court of justice of the European Union, European integration, case law of the CJEU, treaty on the Functioning of the European Union, autonomy of the EU legal order, supranational organization.
PAGES: 231-242