THE CONCEPT AND PLACE OF THE COMMUNITY LAW IN THE LEGAL SYSTEMS OF MEMBER STATES OF THE EUROPEAN UNION Cover Image

POJAM I MESTO PRAVA EVROPSKE UNIJE U PRAVNOM SISTEMU DRŽAVA ČLANICA
THE CONCEPT AND PLACE OF THE COMMUNITY LAW IN THE LEGAL SYSTEMS OF MEMBER STATES OF THE EUROPEAN UNION

Author(s): Radovan D. Vukadinović
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Удружење за европско право - Центар за право Европске уније
Keywords: Community law; legal system; internal legal system; international law; autonomy; derivative and interpretive autonomy; functional area of law

Summary/Abstract: The concept and place of the Community law in the legal orders of Member States belong the complex legal notions, to which legal theory offers different, but not definitive answers. In this paper the introduction is devoted to some of terminology dilemmas as concerning differences between Community law and common law of Europe, comparative and natural law, and lex mercatoria. In the main part, the author analyses general characteristics of derivative and interpretive autonomy of legal system. He accepts view that Community law enjoys the derivative and interpretive autonomy from Member State law and represents "more than functional area of law, less than a legal system."

  • Issue Year: 1/1999
  • Issue No: 1
  • Page Range: 9-37
  • Page Count: 29
  • Language: Serbian
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