The Role of European Court of Justice in the Development of EU Legal Integration

European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national la...

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Main Authors: Seyd Ghasem Zamani, Mohammad Hossein Ramazani Ghavam Abadi, Rahmatollah Farokhi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2016-01-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:http://qjpl.atu.ac.ir/article_2370_fe6007c605c81788356aa2c7e625f399.pdf
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spelling doaj-748820c07027470db30622771aa7fc9c2020-11-25T00:07:18ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162016-01-011749578310.22054/QJPL.2016.2370The Role of European Court of Justice in the Development of EU Legal IntegrationSeyd Ghasem ZamaniMohammad Hossein Ramazani Ghavam AbadiRahmatollah FarokhiEuropean Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law of member states and EU law) to legal monism with the superiority of EU law. In implementation of its effective role, the ECJ has utilized different instruments such as Interpretation of EU law under the preliminary rulings, addressing the infringements of the EU law, recognizing the general principles of law in the form of case law, and also the principle of proportionality of regulations and domestic politics to promote the position of EU law in relation to municipal law of member states. This research partly reveals the process of EU legal integration, through the study of the ECJ case law http://qjpl.atu.ac.ir/article_2370_fe6007c605c81788356aa2c7e625f399.pdfEuropean Union; European Court of Justice; Instruments of Legal Integration; Case Law; Proportionality Principle
collection DOAJ
language fas
format Article
sources DOAJ
author Seyd Ghasem Zamani
Mohammad Hossein Ramazani Ghavam Abadi
Rahmatollah Farokhi
spellingShingle Seyd Ghasem Zamani
Mohammad Hossein Ramazani Ghavam Abadi
Rahmatollah Farokhi
The Role of European Court of Justice in the Development of EU Legal Integration
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
European Union; European Court of Justice; Instruments of Legal Integration; Case Law; Proportionality Principle
author_facet Seyd Ghasem Zamani
Mohammad Hossein Ramazani Ghavam Abadi
Rahmatollah Farokhi
author_sort Seyd Ghasem Zamani
title The Role of European Court of Justice in the Development of EU Legal Integration
title_short The Role of European Court of Justice in the Development of EU Legal Integration
title_full The Role of European Court of Justice in the Development of EU Legal Integration
title_fullStr The Role of European Court of Justice in the Development of EU Legal Integration
title_full_unstemmed The Role of European Court of Justice in the Development of EU Legal Integration
title_sort role of european court of justice in the development of eu legal integration
publisher Allameh Tabataba'i University Press
series Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
issn 2345-6116
publishDate 2016-01-01
description European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law of member states and EU law) to legal monism with the superiority of EU law. In implementation of its effective role, the ECJ has utilized different instruments such as Interpretation of EU law under the preliminary rulings, addressing the infringements of the EU law, recognizing the general principles of law in the form of case law, and also the principle of proportionality of regulations and domestic politics to promote the position of EU law in relation to municipal law of member states. This research partly reveals the process of EU legal integration, through the study of the ECJ case law
topic European Union; European Court of Justice; Instruments of Legal Integration; Case Law; Proportionality Principle
url http://qjpl.atu.ac.ir/article_2370_fe6007c605c81788356aa2c7e625f399.pdf
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