Europos Sąjungos teisės viršenybės įgyvendinimas: teisės doktrina ir praktika
The Enforcement of the Primacy of the European Union Law: Legal Doctrine and Practice

Summary/Abstract: The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU Member States, as well as possible solutions to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. The actual discussion of the relationship between the EU law and domestic law in the Lithuanian law science should give an answer to the correct way of finding a solution as to the law that will have a prerogative in case of contradictions. Consequently, the author evaluated the impact of the jurisprudence of the courts of EU Member States on the praxis of Lithuanian courts based on comparative methods of legal research. The purpose of the article is to prove that different developments arose at the level of EU law and at the one of domestic law. Finally, the author makes proposals on possible measures to avoid situations of legal conflict. The article includes some relevant examples of application of the European Union law in the praxis of the Lithuanian Constitutional Court and Lithuanian courts of general and special competence. Keywords: Primacy of the European Union law, Constitutional Guaranty, Competences of the European Union and the Member States, Judicial Control of the Court of Justice of the European Union and the Courts of the Republic of Lithuania.

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