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The Role of National Courts in the Process of Legal Integration in the European Union: Retrospective and Prospective

  • Urszula Jaremba
Chapter

Abstract

The functioning of national courts as decentralized EU courts has been and will likely remain one of the most constitutive, complex, and intriguing aspects of the process of integration in the European Union. The fact that the law of the European Union can directly affect interests of individuals in the EU, and may be invoked and relied upon by them before national courts, which are in turn obliged to protect the rights individuals derive from EU law, have tremendous implications for the functioning of national judiciaries, and can hardly be overstated. It is the aim of this contribution to briefly look at the development of the role national courts play in the process of legal integration within the EU and, consequently, provide several reflections on the preconditions which seem necessary for the proper fulfillment of the tasks that national judges are assigned by the law of the European Union.

Keywords

Member State National Court Judicial Cooperation National Judge Judicial Protection 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Alter K (2001) Establishing the supremacy of European law. The making of an international rule of law in Europe. Oxford University Press, OxfordGoogle Scholar
  2. Bell J (2006) Judiciaries within Europe: a comparative review. Cambridge University Press, New YorkGoogle Scholar
  3. Bobek M (2006) A new legal order, or a non-existent one? Some (early) experiences in the application of EU law in central Europe. Croatian Yearb Eur Law Policy 2:265–298Google Scholar
  4. Chalmers D (1997) Judicial preferences and the Community legal order. Mod Law Rev 50:163–199Google Scholar
  5. Coughlan J, Opravil J, Heusel W (2011) Judicial training in the European Union member states. Study. European Parliament. Directorate General for Internal Policies, BrusselsGoogle Scholar
  6. Craig P, De Búrca G (2011) EU law. Text, cases, and materials, 5th edn. Oxford University Press, OxfordGoogle Scholar
  7. Dehousse R (1998) The European Court of Justice. The politics of judicial integration. Macmillan Press, Houndmills—LondonGoogle Scholar
  8. Hesselink MW (2011) A toolbox for European judges. ELJ 17(4):441–469CrossRefGoogle Scholar
  9. Hirsch Ballin EMH (2005) Reflections on co-actorship. In: Hirsch Ballin EMH, Senden LAJ (eds) Co-actorship in the development of European law-making. The quality of European legislation and its implementation and application in the national legal order. T.M.C. Asser Press, The Hague, pp 3–23Google Scholar
  10. Jaremba U (2012) Polish civil judges as European Union law judges: knowledge, experiences and attitudes. Manuscript defended on October 5, 2012Google Scholar
  11. Jarvis MA (1998) The application of EC law by national courts. The free movement of goods. Clarendon Press, OxfordGoogle Scholar
  12. Keirse ALM (2011) Europe impact on contract law. A perspective on the interlinked contributions of legal scholars, legislators and courts to the Europeanisation of contract law. Utrecht Law Rev 7:34–51CrossRefGoogle Scholar
  13. Kilpatrick C (1998) Community or communities of courts in European integration? Sex equality dialogues between UK courts and the ECJ. Eur Law J 4:121–147CrossRefGoogle Scholar
  14. Kühn Z (2005) The application of European law in the new member states: several (early) predictions. Ger Law J 6:563–582Google Scholar
  15. Lasser M.de S.-O.-l’E. (2009) Judicial Transformations, The Rights Revolution in the Courts of Europe, Oxford University Press, OxfordGoogle Scholar
  16. Lord Slynn of Hadley (1993) European law and the national judge. Butterwort Lect 1991–92:18–33Google Scholar
  17. Martinico G (2011) Born to be together: the constitutional complexity of the EU. Rev Const Stud 16:63–95Google Scholar
  18. Miasik D (2008) Application of general principles of EC law by Polish courts—is the European Court of Justice receiving a positive feedback. In: Bernitz U, Nergelius J, Cardner C (eds) General principles of EC Law in a process of development. Kluwer Law International, Alphen aan den Rijn, pp 357–392Google Scholar
  19. Micklitz H-W (2005) The politics of judicial co-operation in the EU. Sunday trading, equal treatment and good faith. Cambridge University Press, CambridgeGoogle Scholar
  20. Prechal S, van Ooik RH, Jans JH, Mortelmans KJM (2005) ‘Europeanisation’ of the law: consequences for the Dutch judiciary. 1 Raad voor de Rechtspraak Research MemorandaGoogle Scholar
  21. Sciarra S (2001) Labour law in the courts. National judges and the European Court of Justice. Hart Publishing, OxfordGoogle Scholar
  22. Slaughter AM, Stone Sweet A, Weiler JHH (eds) (1997) European Court and national courts—doctrine and jurisprudence. Legal change in its social context. Hart Publishing, OxfordGoogle Scholar
  23. Stone Sweet A (2000) Governing with judges. Constitutional politics in Europe. Oxford University Press, OxfordCrossRefGoogle Scholar
  24. Stone Sweet A (2007) The juridical coup d’état and the problem of authority. Ger Law J 8:916–928Google Scholar
  25. Tridimas G, Tridimas T (2004) National courts and the European Court of Justice: a public choice analysis of the preliminary reference procedure. Int Rev Law Econ 24:125–145CrossRefGoogle Scholar
  26. Twigg-Flesner Ch (2008) The Europeanisation of contract law. Current controversies in law. Routledge-Cavendish, LondonGoogle Scholar
  27. Volcansek ML (1986) Judicial politics in Europe. An impact analysis. Peter Lang, New YorkGoogle Scholar
  28. Weiler JHH (1993) Journey to an unknown destination: a retrospective and prospective of the European Court of Justice in the arena of political integration. J Common Mark Stud 31:417–446CrossRefGoogle Scholar
  29. Wind M (2010) The nordics, the EU and the reluctance towards supranational judicial review. J Common Mark Stud 48:1039–1063CrossRefGoogle Scholar

Copyright information

© T.M.C. Asser Press and the authors 2016

Authors and Affiliations

  1. 1.EU LawUtrecht UniversityUtrechtThe Netherlands

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