| Abstract [eng] |
There are 27 Member States in European Union (EU), and all of them are based on separate legislative, executive and judiciary power. EU is a unique union, which Member States established common institutions, for which they transfer a part of their sovereignty, for the purpose that common questions would be usefully solved at European level. Moreover, there are also separate judiciary system. Actually, EU legal system is not independent, formally EU and its legal system is based on national constitutions and depends on national institutions in creation of EU law, and also depends on realizing of already legislated EU law. Assorting legal systems of Member States is useful, because it helps to see their differences and similarities and also the impact of them to EU legal system. Firstly, dividing legal systems to common law and continental law groups. Latter is divided into French, German and Scandinavian law groups. Basic differences between common law and continental law are: making the decisions, the language of laws, civil process, methods of interpreting law. Similarity is that, nevertheless there are not in continental Europe states officially established principle for lower courts to follow the decision of higher court, but in practice this principle is acknowledged. Another similarity is that in common law there are obvious purpose to unify law with the help of legislator. As to the Scandinavian law, so for this unity of law there were favourable circumstances: common historical development, similar languages, similar number of residents, geographical place and so on. Roman law and German law differ in legal terminology, in style of the decisions of courts, in type of jurist, and also in historical development. The similarities and differences of legal systems of EU Member States have positive and negative influence on EU legal system, as unifying the law of Member States their differences interfere, and similarities help. |
