The Functions of the European Union Law Principles in the Court of Justice of the European Union Practice

Abstract

The article presents the results of the functional analysis of the fundamental principles of the European Union Law in the practice of the Court of Justice of the European Union. The lack of specificity and general nature of the content of the norms of European Union law, their complete or partial absence, lead to an increase in the importance of the principles of law in the practice of the Court of Justice of the European Union. The principles of the European Union law in practice of the European Union Court of Justice facilitate a solution of a number of problems and tasks, which in particular include: filling in gaps in European Union law; the integration of the European Union legal system as a whole and the legal systems of European Union Member States, and those aspiring to European Union membership; formation of independent supranational European Union legal system. These principles act as an additional, but not a minor, tool for interpreting and applying the founding treaties of the European Union, protecting human rights, and promoting the formation of an European Union citizenship institute. It is these principles of law that serve as a means of filling the gaps in the law enforcement activities of the European Union institutions and directly within the Court of Justice. The principles of law may deal with matters not governed by European Union law, which, however, does not mean that the Court of Justice can mechanically refer to the principles of the law of the Member States. Creating and applying the principles of law, the Court of Justice effectively implements quasi-harmonization, which not only brings together the legal systems of the European Union Member States, but also of the countries aspiring to membership in the European Union. The principles of law are also a tool not only for the application but also for the proper understanding and interpretation of European Union law. The principles of law have and will continue to have an exceptional impact on the doctrine of European Union law, in particular the principles of the primacy of law, nondiscrimination and others.