The increasing role of international law in international relations calls for new approaches to assessing how it correlates with national legislation, and also for the ways to improve the mechanisms by which international treaties and acts of international organizations may be implemented in national legal orders of the Member States. Acts by the bodies of the Council of Europe and the European Union (EU), as well as international law in general, have an impact on the making and application of statutory instruments within national legal systems. Acts adopted by bodies of international organizations, as well as provisions of international law, may serve as a model for national legal regulation, or public authorities should consider respective international legal implications when adopting a relevant statutory instrument.

The purpose of the article is to identify the specific features of legal systems of the Council of Europe and the EU, the relationship between the EU law provisions with the provisions of constitutions of the Member States, and also the place held by acts of the Council of Europe and the EU in national legal orders of the Member States.

Upon the comparison of the legal mechanisms through which legal systems of the Council of Europe and the EU interact with national legal systems, the author ascertains that both mechanisms are objectively necessary since they facilitate the compatibility of different legal systems of Europe and their ability to interact with each other. Furthermore, while drafting each legal act, the Member States of the Council of Europe and the EU may provide for a special mechanism or procedure for the implementation thereof. Accordingly, the very nature of legal acts and the intention of the States should condition the implementation process. Irrespective of the attitude to the international law provisions proclaimed by the States, in practice they seek to develop additional legal mechanisms to assure the national legal framework conductive to the efficient implementation of the acts adopted by the Council of Europe and the EU institutions.

Bibliography

Authored books

1. Hnatovskyi M, Yevropeiskyi pravovyi prostir. Kontseptsiia ta suchasni problemy [European Legal Space. Concept and Current Challenges] (Promeni 2005) (in Ukrainian).

2. Luts L, Yevropeiski mizhderzhavni pravovi aspekty ta problemy intehratsii z nymy pravovoi systemy Ukrainy (teoretychni aspkty) [European Interstate Legal Aspects and Issues of Integrating Ukraine’s Legal System Therewith (Theoretical Aspects)] (In-t derzhavy i prava im V M Koretskoho NAN Ukrainy 2003) (in Ukrainian). 3. Muraviov B, Vstup do prava Yevropeiskoho Soiuzu: pidruchnyk [Introduction to European Union Law: Textbook] (Kyivskyi universytet 2007) (in Ukrainian).

Journal articles

4. Polakiewicz J and Sandvig J, ‘Council of Europe and the Rule of Law’ [2015] 4(4) Civil and Legal Science 160, doi:10.4172/2169-0170.1000160 (in English).

5. Van Den Brink Ton, ‘The Impact of EU Legislation on National Legal Systems: Towards a New Approach to EU – Member State Relations’ (2017) 19 Cambridge Yearbook of European Legal Studies 211-35, https://doi.org/10.1017/cel.2017.2 (in English).

6. Hnatovskyi M ta Kuleba D, ‘Rol rehionalnykh mizhnarodnykh orhanizatsii u pravovii intehratsii derzhav Yevropy: teoriia i praktyka’ [‘The Role of Regional International Organizations in Legal Integration of the European States: Theory and Practice’] (2004) 1 Ukrainskyi chasopys mizhnarodnoho prava 36-45 (in Ukrainian).

7. Hrytsaienko L, ‘Ievropeiskyi Soiuz yak orhanizatsiia sui generis’ [‘The European Union as a Sui Generis Organization’] (2011) 1 Publichne pravo 82-7 (in Ukrainian).

8. Kozak O, ‘Intehratsiinyi vplyv prava Yevropeiskoho Soiuzu na pravovi systemy derzhavchleniv’ [‘Integrative Impact of European Union Law on Legal Systems of the Member States’] (2016) 855 Visnyk Natsionalnoho universytetu “Lvivska politekhnika”. Yurydychni nauky 205-10 (in Ukrainian).

9. Popko Ye, ‘Osnovni tendentsii rozvytku prava Rady Yevropy’ [‘Main Development Trends of the Council of Europe Law’] (2016) 3 Natsionalnyi yurydychnyi zhurnal: teriia i praktyka 258-62 (in Ukrainian). 10. Sanchenko A, ‘Zahalni teoretyko-pravovi kharakterystyky Rady Yevropy’ [‘General Theoretical and Legal Characteristics of the Council of Europe’] (2011) 3 Publichne pravo 317 (in Ukrainian).

11. Yavorska I, ‘Pravo Yevropeiskoho Soiuzu: suchasni kontseptualni pidkhody’ [‘European Union Law: Modern Conceptual Approaches’] (2012) 30 Visnyk Lvivskoho universytetu. Seriia mizhnarodni vidnosyny 201 (in Ukrainian).

Theses

12. Sanchenko A, ‘Acquis Rady Yevropy u systemi yevropeiskoho prava’ [‘Acquis of the Council of Europe in the European Law System’] (dys kand yuryd nauk, 2011) (in Ukrainian).