The Court of Justice of the European Coal and Steal Community as Prototype of the Court of Justice of the EU

• Main Author: Тетяна В’ячеславівна Комарова
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2018-03-01
• Series: Проблеми Законності
• Subjects: European Union, Court of Justice of the European Coal and Steal Community; judicial system of the European Union; European integration
• Online Access: http://plaw.nlu.edu.ua/article/view/125991

The history of the foundation of the Court of Justice of the European Coal and Steal Community, which became the prototype of modern Court of Justice of the European Union, is enshrined. The model, on which the Court was found and factors, which influenced and helped actively formulate the autonomous legal order of future European Union, are analyzed. The author learned the influence of national practice of the States-founders of the European Coal and Steal Community on establishment of the Court’s functions as well as of international experience. This influenced on the unique features of Community’s judicial system and on the formation of supranational mechanisms of judicial protection. The author shows that from the beginning of functioning of the Court of Justice of the European Coal and Steal Community it has played the role of defender of private persons’ interests and this fact differ the Court from classical international judicial organs. Private persons quite effectively appealed against the decisions of Community institutions and this shows the orientation of new Community not only on States but on people of Europe. The Court of Justice of the European Coal and Steal Community was not just a formal predecessor of the Court of Justice of the European Union, but it determined the vector of the development of judicial practice and principles which are still form the cornerstone of the functioning of justice in the EU.