Biblid: 1451-3188, 21 (2022)
Vol. 21, No 80, pp. 279-292
Received: 24 Oct 2022
Accepted: 18 Nov 2022
PRINCIPLES OF DIRECT LEGAL EFFECT AND SUPREMACY OF EU LAW IN THE PRACTICE OF THE COURT OF JUSTICE
DRAGOJLOVIĆ Nikola (Pravni fakultet Univerziteta u Beogradu), email@example.com
In this paper, the practice of the Court of Justice of the European Union is discussed. The author\'s attention is drawn to decisions in which the Court of Justice developed some of the fundamental principles on which EU law rests, such as the principle of the supremacy of EU law, according to which this law has priority over any national law that conflicts with it, and that the law is applied as is in relation to the previous and future legislation of the member states. With its decisions, the Court of Justice introduced another important principle that refers to the direct legal effect of EU law in the member states. According to this principle, the direct application of EU law towards individuals is enabled, which specifically enables individuals to have the opportunity to exercise their rights arising from it before the national courts of the member states. The paper presents the most significant cases from the practice of the Court of Justice, along with a legal analysis of the adopted positions. The author quotes the Court’s findings in the cases of Van Gend en Loos (1963), Costa v. ENEL (1964), and Simmenthal (1978), indicating their importance for the evolution of the European Community and EU law. In the concluding remarks, the author presented a general assessment of the contribution of the jurisprudence of the Court of Justice to the development of the basic principles and rights of the EU.
Keywords: EU law, principle of direct legal effect, principle of supremacy, jurisprudence of the Court of Justice