The case law of the European Court of Justice and the problem of preventing pollution of the marine environment

• Main Author: Inna Boyko
• Format: Article
• Language: English
• Published: National University Odessa Law Academy 2018-02-01
• Series: Lex Portus
• Subjects: European Court of Justice; International Tribunal for the Law of the Sea; Permanent Court of Arbitration; exclusive jurisdiction of the CJEU; conflict of jurisdictions
• Online Access: https://lexportus.net.ua/vipusk-2-2018-new/boiko_i_s_pretsedentna_praktyka_sudu_yes_ta_problema_zapobihannia_zabrudnenniu_morskoho_seredovyshcha.pdf

The author of the article, analyzing the activities of the European Union in the field of prevention of marine pollution and the decision in case C-459/03 “European Commission against Ireland”, argues that the decisions of the Court of Justice are judicial precedents. The judgments on the protection of the environment, including prevention of pollution of the marine environment, consider the application and implementation of EU directives, clarify or define certain terms, specify the division of powers between the Member States and the EU on specific issues, and also supplement the content of the constituent documents , as was done in decision No. C-459/03 “Commission against Ireland”. On the example of MOX Plant cases, the author concludes that the conflict of jurisdictions of judicial and arbitration bodies takes place in situations where identical disputes are consistently or simultaneously submitted to the consideration of various bodies of international justice, none of which has an exclusive jurisdiction. According to the decision in case C-459/03 “Commission v. Ireland”, the exclusive jurisdiction of the European Court of Justice is determined not only by the constituent documents of the EU, but also by the European Court of Justice itself. The European Court of Justice found that only it has exclusive jurisdiction over the application and interpretation of EU law, including the rules of international law that have become part of the EU legal order (for example, the United Nations Convention on the Law of the Sea)