Given the recent trends in the development of the European Union (EU) law, it is possible to maintain that the process of this law constitutionalization is rather dynamically underway and, consequently, that the relevant doctrine is being formed. The EU Court of Justice through its case law has an impact on the consolidation of the EU law constitutionalization doctrine, since it is this institution that has developed the concept of direct effect, the absolute rule of EU law, and liability of the Member States for violation of EU law. The EU Court of Justice made a separate contribution into forming of the EU law constitutionalization doctrine along with a gradual development of human rights at the EU level, thus imparting a democratic element to the EU legal order and making EU law closer to the status of the constitution.

The article aims at exploring the phenomenon of the EU law constitutionalization and the special role played by the EU Court of Justice, which through its case law has elaborated the EU founding treaties, originally being a set of agreements between the Member States, to a unique legal regime which confers rights and imposes obligations on each of the EU entities.

It is significant that the EU legal regime has acquired the features of the Constitution, and the EU Court of Justice repeatedly stated that the EU founding treaty is a “constitutional charter based on the rule of law” or an “internal constitution”, and in some cases also referred to the “fundamentals of the constitutional charter”, “constitutional principles” and “constitutional guarantees”. In this context, the Court took into account the fact that EU law is autonomous law and may not be opposed to a regulatory act of national law, whatever its nature, including national constitutions. Besides, EU law is effective throughout the EU and for all of its entities, i.e., it applies to the Member States, EU institutions and most importantly – it grants rights to individuals and legal entities without implementing the same into national legal systems. Effectuation of these characteristics of EU law means the assiduous efforts and the proactive stance particularly of the EU Court of Justice.

Moreover, human rights as an essential constitutional feature have become an integral part of the EU legal order. The EU Court of Justice case law has established that fundamental human rights, as a legal principle shared by all Member States, represent a general principle of EU law and should be protected by the Court. Despite the fact that at the outset of European integration human rights protection was not in the focus of regulation by communities which were merely interested in the development of economy, the EU Court of Justice became the institution guarantying this protection in the context of economic freedoms protection even when the founding treaties contained no provisions thereon.

The mentioned accomplishments of the EU Court of Justice have made a fundamental contribution to the development of the EU law constitutionalization doctrine, which still continues its development today.

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