Effet utile a jeho projevy při interpretaci komunitárního práva

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Title in English	Effet utile and its Influence on the Interpretation of Law
Authors	SEHNÁLEK David
Year of publication	2009
Type	Article in Periodical
Magazine / Source	Právník : Teoretický časopis pro otázky státu a práva
MU Faculty or unit	Faculty of Law
Citation
Field	Law sciences
Keywords	Effet utile; Interpretation of law; Supremacy; Direct effect; Indirect effect;
Description	The author analyzes in this article the specifics of interpretation of the EC law with focus on the "effet utile" principle (in English the effectiveness principle). The analysis concerns some of the most important judgments of the European court of Justice where the effet utile is mentioned. These judgments are viewed in a slightly different way. The author does not use the common approach to them but focuses more on effet utile itself rather than on final decisions. The reason why the effet utile is so important for EC law doctrine and practice is that it has contributed to a large extent to the development of the EC law. The ECJ often uses effet utile in order to justify its decisions while using the teleological method of interpretation. The importance and the character of effet utile and its effect on case law also lead to the conclusion that the effet utile is one of principles of EC law.