EU Law, as an Autinomous Legal System

  • C. Kastriote Vlahna Doctoral student at the University "Hasan Prishtina" Pristina, Kosovo, Department of Civil Law.
  • Dr. Hajredin Kuçi Prof, Regular professor in the field of law of Private Law, Faculty of Law, University of Pristina 'Hasan Prishtina', Pristina, Republic of Kosovo
Keywords: European law, European Union resources, harmonization of resources

Abstract

The legal order created by the European Union (EU) has already become an ingrained component in our political life and society. Every year, based on the Treaties and legal principles of the Union, thousands of decisions are taken that decisively affect the EU Member States and the lives of their citizens. Individuals have long since ceased to be mere citizens of their own state, city, or district; they are also citizens of the Union. For this reason alone, it is extremely important that they be informed about the legal order, which affects their daily lives. However, the complexity of the Union's structure and its legal order are not so easily understood. The step i have taken to study this topic, mainly what is becoming more and more relevant nowadays, has put me in a dilemma, because in our country continues to grow business, namely the conclusion of business contracts between member states of the EU and our state, and with this development the number of disputes will still be higher, so for the faster resolution of issues, we must inform the subjects about the applicability of EU principles, principles in which are systematized in the binding contractual scope. In this paper, I have tried to address the concept of European Union resources, starting with primary, secondary, and third sources that are considered as soft law or non-mandatory resources for EU member states, but which are very important as they now help as a law in the field of contract law, and will help in the coming years to establish the European Civil Code.

References

1. See:http://eeas.europa.eu/delegations/the_former_yugoslav_republic_of_macedonia/documents/more_info/publications/abc_of_european_law_sq.pdf. `Retrieved on: 26.07.2015, at 11:07.
2. See:http://www.academia.edu/6126710/E_raight_of_European_European_European_Union_Law_. `Received on: 26.07.2015, at 12:12.
3. See:http://soros.org.mk/dokumenti/ucime-pravo-alb-17-11.pdf. ` Retrieved on: 26.07.2015, at 13:01.
4. Reka. Blerim ”Holl. Otmar ”Sela. Rainbow ”. Institutions and policies of the European Union. Tetovo 2010. Pg 102.
5. Ibid
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8. See: Material from the course, "European Private Law", prepared by: Prof. Dr. Hajredin Kuçi. Prishtina, p: 24.
9. Treaty on the Functioning of the European Union (TFEU), Aug 27, 2014, Article. 289. More details: http://publications.europa.eu/resource/cellar/9e8d52e1-2c70-11e6-b497-01aa75ed71a1.0006.03/DOC_1 .
10. Treaty on the Functioning of the European Union (TFEU), Aug 27, 2014, Article. 290.
11. Treaty on the Functioning of the European Union (TFEU), Aug 27, 2014, Article. 291
12. The term "soft law" refers to quasi-legal instruments which have no legally binding, or binding force whose strength is somewhat "weaker" than the binding force of traditional law, often in contrast to soft law referred to as "difficult law". Traditionally, the term "soft law" has been associated with international law, although it has recently been transferred to other branches of domestic law. The term "soft law" is also often used to describe different types of quasi-legal instruments of the European Union: "codes of conduct", "guidelines", "communication", etc. In the field of European Union law, e soft law instruments are often used to show how the European Commission intends to use its powers and perform its tasks within its area of competence.
13. See: http://www.softlawinternationale.net. Retrieved on: 28.07.2015, at 13:56.
14. H. Beale, ‘The European Civil Code Movement and the European Union’s Common Frame of Reference’, Legal Information Management, 6 (2006), 4.
15. UNIDROIT, Principles of International Commercial Contracts, 2nd edn. (Rome: UNIDROIT, 2004) (UPICC).
Published
2022-05-26
How to Cite
Vlahna , C. K., & Kuçi, D. H. (2022). EU Law, as an Autinomous Legal System. Central Asian Journal of Innovations on Tourism Management and Finance, 3(5), 80-87. https://doi.org/10.17605/cajitmf.v3i5.237
Section
Articles