| Abstract [eng] |
Since Lithuania became an EU Member State, the correct application of EU law has become one of the most important duties of a national court. As regards the application of EU law, the national court has a duty not to apply national rules that are contrary to EU law and, in certain cases, to refer to the CJEU for a preliminary ruling. The institution of a preliminary ruling has a twofold significance in the context of the application of EU law in the case-law of the Supreme Administrative Court: on the one hand, it is a means of cooperation, and on the other hand, it is a way for the CJEU to ensure the uniform application of EU law in all Member States. The application of EU law in the case-law of the Supreme Administrative Court has been analysed by selecting the fundamental principles developed in the CJEU's jurisprudence - the rule of law, proportionality and legitimate expectations; the paper analyses how these principles manifest themselves in the areas heavily influenced by the EU law, such as competition law, tax law, and environmental protection law. In the analysis of the application of EU law in the practice of the Supreme Administrative Court, three areas of law - competition, taxation and environmental protection - have been selected and it has been analysed how the Supreme Administrative Court decides cases in these areas of law by applying EU law and what are the peculiarities of the examination of cases in each area of the Supreme Administrative Court. It is argued that the areas of tax, environmental and competition law are inextricably linked, and that as EU law is increasingly oriented towards sustainability, these areas of law and their conception are changing accordingly. At the same time, in the future, the national court will have to deal with competition, tax and environmental law cases also by applying EU law, but the trend in EU law may have already changed, requiring a new adaptation by the national court of the Member State. |
