Kонституционные традиции государств Европейского Союза и практика Суда Европейского Союза –совпадения и напряжения [Articol]

Abstract

The paper considers the relationship between the constitutional traditions of the Member States of the European Union and the case law of the Court of Justice of the European Union. The research question is how the constitutions of the EU Member States and their constitutional courts define the framework for the legislative activity of the EU bodies, including the Court of Justice of the European Union? Do the EU bodies operate within the competences entrusted to them? The analysis of the acts of the CJEU allows to conclude that the activity of the CJEU is conducted to a large extent in isolation from the EU treaty (primary) law. By the creeping method, the CJEU creates legal structures,which it uses in subsequent judgments to produce the legal effect it desires and to recognize as a binding pattern of conduct. The CJEU’s judicial activity is in conflict with the constitutional traditions of most EU countries. This method of proceeding by the CJEU violates the constitutions of the vast majority of EU Member States and as such does not find acceptance by their constitutional courts.hey take the view that constitutional courts are guardians of the compliance of the actions of EU bodies (including the CJEU) with the competences of the EU Member States transferred to be exercised by EU bodies. They are competent to control whether European integration is not taking place in an extratreaty manner (ultra vires) – „in a deceitful manner” (integration by stealth), and if so, to rule on the non-application of unconstitutional EU legal acts.