Отношението "право на Европейския съюз - международно право" в практиката на Съда на ЕС
The Relationship between EU Law and International Law in the practice of the Court of Justice of the EU

Author(s): Jasmine Popova
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: court of justice of the EU; EU Law; international law; connection; relationship; primary EU Law
Summary/Abstract: With the gradual expansion of the European Union's external competence and its growing role on the international stage, the question of the connection and relationship between its autonomous legal order and international law gains particular importance. This is because for many years the discussion has focused on the relationship between Community law and the national law of the Member States, a question on which the jurisprudence of the CJEU has provided a clear and definitive answer since the beginning of European construction, while the thesis on the hierarchical place of the rules of international law has been gradually developing since the mid-1970s and is still under discussion. The purpose of this paper is to present in a general way some background to the complex and sensitive issue at stake, which is closely related to the analysis of the different types of international agreements concluded by the EU, the EU and its Member States (so-called mixed agreements) and some or all Member States with third countries. Primary law does not regulate the question of the relationship between the two legal orders, unlike the EU judiciary, which plays the leading role in this context. For this reason, this study is also based on an analysis of its jurisprudence.

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