Prawo Wspólnoty Europejskiej w aspekcie teoretycznym

Abstract

The paper attempts at a brief presentation of theoretical and legal problems which appear in the context of the European Community Law. First, the sovereignty of the Community, the predominance of the Community Law over the laws of member countries and direct application of the Community Law are discussed. Next, the Community Law as a legal system, the application of that system by courts in different member countries and its axiological assumptions have been investigated. The conclusion is that the Community Law is a legal order of a completely new type, and cannot be analysed within the framework of positivist concepts.