THE LEGALITY OF REFERENCE BY UKRAINIAN COURTS TO THE DECISION OF THE EU COURT AND THE PROVISIONS OF THE ASSOCIATION AGREEMENT BETWEEN UKRAINE AND THE EU

Abstract

The principles of the supremacy and direct applicability of EU law have been developed through the jurisprudence of the Court of Justice of the EU. At the beginning of its own activity, the then Court of Justice of the European Communities first considered Case C-26/62 Van Gen den Loos^[1] [1], in which the ECJ first substantiated the concept of direct effect of the primary sources of EU law, that is, the EU founding treaties in the first place. The direct effect of EU law provides for the possibility to refer to them by individuals before the national courts of the Member States of the Union, provided that certain criteria are met. In particular, the criteria for the direct applicability of such EU law were as follows: firstly, the rule must be clear and precise; secondly, it must be unconditional, i.e. not require any further implementation at the national level; and thirdly, it must contain a specific right that the individual can invoke as a basis for his or her position before national courts and as directly defensible.

References

1. Case C-26/62 - Van Gend en Loos v Administratie der Belastingen [1963].URL: https://eur- lex.europa.eu/legal- content/en/TXT/?uri=CELEX:61962CJ0026
2. Case C-181/73 Haegemann v Belgian State [1974]. URL: https://curia.europa.eu/juris/liste.jsf?num=C-181/73
3. Case C-17/81 Pabst & Richarz v Hauptzollamt Oldenburg [1982]. URL: https://curia.europa.eu/juris/liste.jsf?language=en&num=C-17/81