Actual problems of relation and interaction of the European Union low system with national legal system of member staties
Purpose. The article is aimed at studying topical issues of correlation and interaction of the legal system of the European Union with the national legal systems of the Member States. Methodology. he methodology includes a comprehensive analysis and synthesis of the available scientific and theoreti...
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| Format: | Article |
| Language: | English |
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King Danylo University
2023-06-01
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| Series: | Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького |
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| Online Access: | https://visnyk.iful.edu.ua/%d0%b2%d0%b8%d0%bf%d1%83%d1%81%d0%ba-15-27-%d1%82%d0%be%d0%bc-2-uk/%d0%bc%d0%b0%d0%ba%d1%83%d1%88%d0%b5%d0%b2-%d0%bf-%d0%b2-%d1%85%d1%80%d1%96%d0%b4%d0%be%d1%87%d0%ba%d1%96%d0%bd-%d0%b0-%d0%b2-%d0%b0%d0%ba%d1%82%d1%83%d0%b0%d0%bb%d1%8c%d0%bd%d1%96-%d0%bf%d1%80/ |
| _version_ | 1797796785239883776 |
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| author | Makushev P. Khidochkin A. |
| author_facet | Makushev P. Khidochkin A. |
| author_sort | Makushev P. |
| collection | DOAJ |
| description | Purpose. The article is aimed at studying topical issues of correlation and interaction of the legal system of the European Union with the national legal systems of the Member States. Methodology. he methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: dialectical method, methods of analysis and synthesis, systemic and structural-functional methods, as well as comparative legal method. Results. It is established that the formation of the law of the European Union was also influenced by the legal concepts and principles inherent in the national law of the Member States. It is emphasized that over time, a peculiar and autonomous legal system of the European Union was formed, which was not inherent in the national legal systems of the Member States. It is determined that by their essential content, the constituent acts of the European Union are more reminiscent of the constitutional legislation of nation-states, since they define the purpose and objectives of integration, the range of powers of integration formations and their nature, the order of formation and activity States, as well as with international organizations. It is noted that the sovereignty of Member States is somewhat limited in connection with the transfer of a certain amount of state sovereignty to the community authorities. It is concluded that today the European Union law is a strong system of regulation of relations, which is regulated at the international level and is an effective mechanism for the implementation of the main purpose and objectives of the European Union. Originality. In the course of the study, it was established that in the interaction of the legal systems of the European Union and the law of the Member States, monism of the primacy of European law is seen, which is proved by the principles of European Community law arising from judicial decisions of the Court of Justice of the European Union. Practical significance. The results of the study can be used in law-making and law enforcement activities during the implementation of European integration tasks. |
| first_indexed | 2024-03-13T03:39:16Z |
| format | Article |
| id | doaj.art-342813ee1b354e849b118bb36e6106a5 |
| institution | Directory Open Access Journal |
| issn | 2078-6670 2618-0308 |
| language | English |
| last_indexed | 2024-03-13T03:39:16Z |
| publishDate | 2023-06-01 |
| publisher | King Danylo University |
| record_format | Article |
| series | Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького |
| spelling | doaj.art-342813ee1b354e849b118bb36e6106a52023-06-23T11:22:49ZengKing Danylo UniversityНауково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького2078-66702618-03082023-06-01215(27)627110.33098/2078-6670.2023.15.27.2.62-71Actual problems of relation and interaction of the European Union low system with national legal system of member statiesMakushev P.0https://orcid.org/0000-0001-8693-1428Khidochkin A.1https://orcid.org/0000-0001-9387-8864University of Customs and FinanceUkrainian state Chemical and Technology UniversityPurpose. The article is aimed at studying topical issues of correlation and interaction of the legal system of the European Union with the national legal systems of the Member States. Methodology. he methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: dialectical method, methods of analysis and synthesis, systemic and structural-functional methods, as well as comparative legal method. Results. It is established that the formation of the law of the European Union was also influenced by the legal concepts and principles inherent in the national law of the Member States. It is emphasized that over time, a peculiar and autonomous legal system of the European Union was formed, which was not inherent in the national legal systems of the Member States. It is determined that by their essential content, the constituent acts of the European Union are more reminiscent of the constitutional legislation of nation-states, since they define the purpose and objectives of integration, the range of powers of integration formations and their nature, the order of formation and activity States, as well as with international organizations. It is noted that the sovereignty of Member States is somewhat limited in connection with the transfer of a certain amount of state sovereignty to the community authorities. It is concluded that today the European Union law is a strong system of regulation of relations, which is regulated at the international level and is an effective mechanism for the implementation of the main purpose and objectives of the European Union. Originality. In the course of the study, it was established that in the interaction of the legal systems of the European Union and the law of the Member States, monism of the primacy of European law is seen, which is proved by the principles of European Community law arising from judicial decisions of the Court of Justice of the European Union. Practical significance. The results of the study can be used in law-making and law enforcement activities during the implementation of European integration tasks.https://visnyk.iful.edu.ua/%d0%b2%d0%b8%d0%bf%d1%83%d1%81%d0%ba-15-27-%d1%82%d0%be%d0%bc-2-uk/%d0%bc%d0%b0%d0%ba%d1%83%d1%88%d0%b5%d0%b2-%d0%bf-%d0%b2-%d1%85%d1%80%d1%96%d0%b4%d0%be%d1%87%d0%ba%d1%96%d0%bd-%d0%b0-%d0%b2-%d0%b0%d0%ba%d1%82%d1%83%d0%b0%d0%bb%d1%8c%d0%bd%d1%96-%d0%bf%d1%80/interactionnational laweuropean union lawsystem of lawrelationsovereigntycourt of european communities |
| spellingShingle | Makushev P. Khidochkin A. Actual problems of relation and interaction of the European Union low system with national legal system of member staties Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького interaction national law european union law system of law relation sovereignty court of european communities |
| title | Actual problems of relation and interaction of the European Union low system with national legal system of member staties |
| title_full | Actual problems of relation and interaction of the European Union low system with national legal system of member staties |
| title_fullStr | Actual problems of relation and interaction of the European Union low system with national legal system of member staties |
| title_full_unstemmed | Actual problems of relation and interaction of the European Union low system with national legal system of member staties |
| title_short | Actual problems of relation and interaction of the European Union low system with national legal system of member staties |
| title_sort | actual problems of relation and interaction of the european union low system with national legal system of member staties |
| topic | interaction national law european union law system of law relation sovereignty court of european communities |
| url | https://visnyk.iful.edu.ua/%d0%b2%d0%b8%d0%bf%d1%83%d1%81%d0%ba-15-27-%d1%82%d0%be%d0%bc-2-uk/%d0%bc%d0%b0%d0%ba%d1%83%d1%88%d0%b5%d0%b2-%d0%bf-%d0%b2-%d1%85%d1%80%d1%96%d0%b4%d0%be%d1%87%d0%ba%d1%96%d0%bd-%d0%b0-%d0%b2-%d0%b0%d0%ba%d1%82%d1%83%d0%b0%d0%bb%d1%8c%d0%bd%d1%96-%d0%bf%d1%80/ |
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