The influence of European Union law on the case law of the Member States

VARIA

Abstract

In the system of continental law, the study of jurisprudence, viewed from the perspective of formal or material sources of law, has absolute qualifications in recognizing or denying the creative contribution of law. In our study, we tried to identify the milestones of the notion of jurisprudence between the two extremes, as well as the nuances of the role of jurisprudence in the context of Union law, especially in relation to the jurisprudence of the Court of Justice of the European Union. It was pointed out that the influence of this European jurisdiction on the jurisprudence of national courts is overwhelming and causes radical paradigm shifts for the national judge, accustomed to the canonical definitions of the issue of jurisprudence.

Keywords: jurisprudence; formal source of law; res interpretata; supremacy of Union law; common law