ANALYSIS OF THE TRANSFORMATION OF THE PROVISIONS ON THE JUDICIARY IN THE FOUNDING DOCUMENTS OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN UNION IN THE PERIOD BEFORE THE ADOPTION OF THE LISBON TREATY

Abstract

Applying general scientific principles and general and special-historical research methods, interdisciplinary and comprehensive approaches to studying the transformation of the provisions of the constituent documents of the European Communities and the Union on their judicial systems, the article was one of the first in historical and legal terms. concerning the Court of Justice of the European Union in the period from the founding of the European Communities (coal and steel, economic, nuclear energy) to the adoption of the Lisbon Treaty. It has been established that with the development and deepening of integration processes in Europe, with the expansion of the member states of the Communities and the Union and taking into account the specific economic and eventually socio-political situation, the provisions of the founding treaties of the European Communities and the Union , which directly influenced the enhancement of the role of the Court of Justice. The article gradually reveals how the provisions of the founding treaties initially on the Court with limited economic function (coal and steel), on a single Court of Three Communities (ECSC, EEC, Euratom) were gradually transformed into provisions on the Court of Justice as an independent supranational institution of non-political nature, their differences and interrelations are traced. It is investigated that in accordance with the provisions of the founding treaties, it gradually transformed from a single-instance Court into a complex judicial system of the European Union called the Court of Justice of the European Union. This process is reflected in the peculiarities of the amendments to the provisions of the Single European Act, the Maastricht, Amsterdam and Nice founding treaties, which is the focus of the article. Such features touched the changes of structure of the judicial systems of concords and Union, redistribution of jurisdiction of judicial bodies, expansion of their plenary powers, on the whole deepening of maintenance of positions of constituent documents in relation to Court of the European concords and others like that, that assisted the increase of role of Court of ЄС in the protection of rights and freedoms of man and citizen, in claim of supremacy of right.