The EU System of Justice between Hierarchy and Dialog

Abstract

After the Aaccession to the European Union, the Czech courts have to meet
requirements of the uniform enforcement of Community law. They should
adopt methods of interpretation and procedures of application of law
practiced within the European system of justice. Such an adoption may be
facilitated by the case law of the European Court of Justice. The ECJ case law
attempts to release the atension between the centralised law-making in the
EC institutions and the decentralised way of application of the Community
law on the national level. The author analyszes prerequisities and effects of
the preliminary ruling procedure, providing national courts with binding
judgements on interpretation of Community law provision or on its validity.
Further, conditions of institution and enforcement of state liability for the
damage caused by a violation of Community law obligations are reviewed.
The analysis leads to a consideration on reflections of these Community
instruments in the Czech legal system and practice.