Recognition of jurisdiction of the Court of Justice of the European Union in international courts

Research output: Contribution to journalArticle

Abstract

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated.
Original languageEnglish
Pages (from-to)459-475
JournalJurisprudencija: mokslo darbai
Volume19
Issue number2
Publication statusPublished - 2012

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court of justice
European Law
jurisdiction
abuse of law
international law
EU
legal norm
legal system
fragmentation
interpretation

Keywords

  • Exclusive jurisdiction
  • Interpretation of the EU law

Cite this

Recognition of jurisdiction of the Court of Justice of the European Union in international courts. / Dauksiene, Inga.

In: Jurisprudencija: mokslo darbai, Vol. 19, No. 2, 2012, p. 459-475.

Research output: Contribution to journalArticle

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