Review of the case-law of the Court of Justice of the European Union

Review of the case-law of the Court of Justice of the European Union related to areas covered by the EU-Ukraine Association Agreement prepared within the framework of the EU Project “Support to the implementation of the EU-Ukraine Association Agreement” (Association4U) to assist the Ukrainian lawmakers in daily tasks, in particular, with the matters of legal approximation.

The annexes to the Association Agreement contain a significant list of EU regulations, which the legislation of Ukraine should approximate. In particular, the requirements for approximation of legislation apply not only to regulations, but also in some cases directly to the jurisprudence of the court of Justice of the European Union. Moreover, it is in the case-law of the Court of Justice that the interpretation of the basic legal categories, the content of which is disclosed in the relevant EU directives or regulations, to which reference is made in the Association Agreement or its annexes, is usually made.

Given that the Court is often creative in its interpretation of EU law, the review of the case law of the Court of Justice of the European Union is important enough for the correct interpretation and application of the provisions of the Association Agreement in practice.

Review of the case-law of the Court of Justice of the European Union related to areas covered by the EU-Ukraine Association Agreement focuses on the jurisprudence based on the regulations listed in the annexes to the Association Agreement or related national action plans/road maps.

However, the Review does not cover broader matters of the EU law as they do not directly address the matters of legal approximation.

The structure of the Review is consistent with that of the Association Agreement. The list of legislative acts has relevant hyperlinks.

Review of the case-law of the Court of Justice of the European Union related to areas covered by the EU-Ukraine Association Agreement also covers the most important decisions of the Court. The choice of precedents was based on their relevance to legal approximation. Each brief review provides links to the content of the case, the court’s decision and explanations of the decision for Ukrainian civil servants.

The Review was designed as a practical tool for civil servants responsible for legal approximation. It is also useful for teachers.