Abstract:

The aim of this scientific study is to analyse the impact of the judgement of the Court of Justice EU on the application of the intra EU bilateral investment treaties. EU law ultimately results in reducing the impact of national law and increasing the influence of the law of the transnational organization as well as introducing the unification into the legal orders of its Member States. The result of this scientific study are findings that point to the essential fact, that as a result of globalization processes, supranational law, which by its very nature differs from international law and which also influences the development of investment relations within the EU, is formed. The consequence of this process is the reduction of the role of the state as a guarantor and the creator of the law, which exercises its legislative power by the bodies established by the constitution, constitutional laws and laws. It also highlights the impact of the European Union, which requires from its Member States to take appropriate measures to denounce put an end to the bilateral investment agreements concluded between the Member States and to prevent the application of arbitration procedures under the Energy Charter Treaty within the EU.