RISS 검색 - 국내학술지논문 상세보기

부가정보

다국어 초록 (Multilingual Abstract)

This paper examines the judicial system for enforcing the European Community legal order. The Community legal order consists of the Treaty establishing European Community (hereinafter the Treaty), the Community treaties, the mixed agreements and the acts of the Community institutions. In particular, according to Article 249 of the Treaty, the acts of the Community institutions can be classified into four categories, i.e. regulation, directive, decision, and recommendation and opinion. In this paper, the effects and legislative procedure for these acts are briefly reviewed. And then, the judicial system to enforce these Community acts are examined. The judicial system which was examined is the enforcement action, the action for failure to act, the direct annulment action and the preliminary reference procedure. In sum, the best method to enforce the Community law is to allow the vigilant individuals to watch out whether the Community law is observed by the addressee of the relevant Community law. The enforcement action and the action for failure to act are available only to the limited category and the requirements to use these procedure are quite cumbersome to fulfil. And the direct annulment action is in a way very effective to enforce the Community law. But it has weak points in allowing individuals to use this procedure. Only very limited category of individuals may institute legal proceedings under this procedure. The most effective way to enforce the Community law, I suggest, is to use the preliminary reference procedure. Under this procedure, if individuals bring an action before a national court based on the Community law, then the national court may or shall refer the Community law matter to the European Court of Justice(ECJ) for a ruling. In the ruling, the ECJ can affirm the contents of the Community law, that in turn contribute to enforce the Community law.