The Impact of the Case Law of the EU Court of Justice on Law Enforcement in National Law in the Context of Ukraine's Integration into the European Union

Abstract

The article analyzes the legal status of the Court of Justice of the European Union in the legal system of the European Union in accordance with the EU founding treaties (Treaty on European Union, Treaty on the Functioning of the European Union), its interaction with the key institutions of the European Union, Member States and, in particular, their national judiciaries, as well as its role in ensuring respect for and a uniform approach to the application of European Union law in the territory of the 27 EU Member States. In the context of Ukraine's integration into the European Union, the author examines aspects of the importance of the EU Court of Justice and its case law in law enforcement, in particular, the emergence of a mechanism for interpreting EU law for national courts. The case-law of the EU Court of Justice, in particular, in the cases C-715/17, C-718/17, C-719/17 (European Commission v. Poland, Hungary and the Czech Republic), C-658/11 European Parliament v. Council of the European Union, studied in the article, demonstrates the importance of the EU Court of Justice in preventing disputes and ensuring the uniformity of EU law. The EU experience shows that the case law of the CJEU helps to overcome differences in legal interpretation, promotes the rule of law, and forms the basis for effective legal harmonization. Ukraine, as a country on a way to join the European Union, faces the need to implement the judgments of the EU Court of Justice and take them into account in law enforcement for effective adaptation of national legislation to European standards. The article examines the main aspects of the impact of the case law of the EU Court of Justice on the legal system of Ukraine after its accession to the European Union and focuses on the challenges that may arise in the process of harmonization of Ukrainian legislation with the EU acquis.