| Abstract [eng] |
Lithuania became a full right member of European Union on May 1-st 2004. From that day a new relevant stage of Lithuanian law development, application and interpretation has begun. Principles, sources and main regulations of European Union became a part of our national legal system. The thesis of Master work is „The Application of European Union Law by Lithuanian National Courts“. Aim of the work is to explore practice of Lithuanian Supreme Court and Supreme Administrative Court of Lithuania in the light of European Union law application, to verify courts’ work before and after the accession, to emphasize main mistakes, which courts make while applying the European Union law, also to compare the practice of those Courts. Master work consists of preface, two body parts, each of these have its sections and subsections, conclusions are formulated on base of analysis, work summary is written in Lithuanian and English languages and list of literature, that was used. In the first part an author approaches the conditions determining the application of European Union law by Lithuanian national Courts. The analysis of these conditions enables us to tell, that in order to apply European Union law in correct manner, firstly, Lithuanian national Court has to acknowledge specific nature of European Union law. Secondly, while applying norms of national court, the court of member state has to take the supremacy principle of European Union law into consideration, which means that if there is any objection between national and ES law, the ES law rules will be applied. Thirdly, when EU law is being applied by national courts, the account of hierarchy of EU law sources, their place, taken in the system of national legal acts and rules of EU law application, decreed by European Court of Justice should be taken. In the second part author refers the practice of Lithuanian Supreme and Supreme Administrative Courts connected to application of EU law. The analysis of this practice enables us to tell, that there is no unified practice of EU law application and interpretation, currently in Lithuania. Despite the fact that national courts acknowledge the supremacy of European Union, they still are not eager deepen into particularity of EU law, speciality of EU law operation in national legal system, they also often apply EU law not exhaustively and considerably, or don‘t apply it at all. Also courts are not eager to refer to the principles, stated by European Court of Justice and the rules of application of EU law. Also it is worth to notice, that Supreme Administrative Court of Lithuania confronts EU law application more often than Lithuanian Supreme Court. This is determined by the administrative nature of EU rules and particularity of judged cases. |
