论欧洲法院与成员国法院的关系及其发展

ON THE RELATIONSHIP AND DEVELOPMENT OF THE EUROPEAN UNION LAW COURT AND ITS MEMBER COUNTRIES' LAW COURTS

初步裁决权是欧洲法院诸项管辖权中最具有特色和最重要的一种。欧洲法院通过行使初步裁决权,先后确立了欧盟法的直接效力和欧盟法优先于成员国等基本原则;澄清了成员国法院在初步裁决程序中的权利和义务;明确了欧洲法院自身在其中的地位与作用。在欧盟即将不断扩大的趋势下,如何继续通过初步裁决程序维护欧洲法院与各成员国的合作关系,将是欧盟司法改革面临的一个新课题。

The preliminary adjudicative right of the European Union Law Court is unique and one of the most important of its jurisdictions. By this preliminary adjudicative right, the European Union Law Court has formulated one after the other the principles of direct authenticity of the European Union Law and of its superiority to the laws of its member countries; determined the right and responsibility of the EU member countries in the process of preliminary adjudication;and made clear of its position and role in it. With the increasing EU membership, how to maintain cooperation between EU Law Court and its member countries law courts will be a challenge in the EU judicial reform.