PRINCIPLES OF LAW ENFORCEMENT IN THE SUPRANATIONAL LEGAL ORDER

Abstract

The article analyzes the normative and legal aspects of law enforcement in the supranational legal order. The powers delegated by the member states to the EU institutions were analyzed, the criteria for the delimitation of powers in certain areas, the order of their interaction in the legal regulation were determined. The system of regulatory legal acts issued in the EU is analyzed. It is noted that the principles of legal regulation provided for by the Treaty on the European Union and the Treaty on the Functioning of the European Union determine the order of their enforcement in the supranational legal order. The sources of the principles and principles of law enforcement in the supranational legal order are analyzed. The role of the Court of Justice of the European Union and national courts in matters of law enforcement has been studied. Two principles of law enforcement are distinguished – supreme legal force and direct effect of EU law. Separate decisions of the Court of Justice in which the criteria of law enforcement are defined are analyzed. The fundamental principle is the principle of the supreme legal force of EU law, according to which EU legislation cannot be inferior to national legislation, because the very nature of the Treaties establishes common areas, values and directions for the development of law, which develops in the conditions of the functioning of the integration legal order. At the same time, attention was paid to the criteria that limit the effect of this principle. It is established that the primacy of EU law must apply to all national acts, regardless of whether they were adopted before or after the relevant EU act, and aims to ensure that citizens are equally protected by EU law in all EU territories.