Review article
https://doi.org/10.25234/pv/24892
DEVELOPMENT OF THE SUPRANATIONAL SYSTEM OF PUBLIC FINANCE IN THE LIGHT OF THE PRIMARY LAW OF THE EUROPEAN UNION: ANALYSIS OF THE CJEU CASE LAW
Viktorija Pisačić
orcid.org/0009-0003-1033-6827
; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Republic of Croatia
Abstract
The Court of Justice of the European Union (CJEU) and its competence to interpret the EU’s primary law was particularly in focus during and after the financial crisis, when it decided on the validity of the Union’s recovery instruments in the Pringle, Gauweiler and Weiss cases. Therefore, this paper aims to analyse selected decisions of the CJEU (the Pringle, Gauweiler and Weiss cases), starting from the presentation of the socio-political context in which they were created. After the legal analysis of the CJEU’s argumentation in the selected decisions, the paper will present their impact on the development of the public finance law of the Union. Particular attention will be paid to the interpretative methods used by the CJEU. The aforementioned reflects in the structure of the paper. After the introduction, the second section comprises specific features of interpretation methods in the CJEU case law. The following section will focus on the socio-political context that preceded the selected CJEU decisions. The fourth section presents an analysis of the selected CJEU decisions and reviews the interpretation methods. The fifth section highlights the implications of the CJEU jurisprudence on the legal order of the Union, followed by concluding considerations.
Keywords
public finance law; European Court of Justice; financial crisis; interpretation methods; primary law of the Union
Hrčak ID:
301158
URI
Publication date:
30.4.2023.
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