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National Courts and EU Law: New Issues, Theories and Methods

National Courts and EU Law: New Issues, Theories and Methods

Author: Bruno de Witte; Urszula Jaremba
Publisher: Edward Elgar Publishing
ISBN: 9781783479894
Published In: June 2016
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union.

As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law.

Organised into three key sections, the interdisciplinary chapters combine approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental rights in the area of freedom, security and justice.

The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics.

1. Introduction: National Courts Vis-À-Vis EU Law. New Issues, Theories and Methods.

Juan A. Mayoral and Marlene Wind

PART I JUDICIAL DIALOGUE AND EU LEGAL MANDATES: RECENT DEVELOPMENTS ALONG WITH THE POTENTIAL AND LIMITATION ARISING FROM ITS USE BY NATIONAL JUDGES

2. The Preliminary Ruling Dialogue: Three Types of Questions Posed by National Courts

Bruno De Witte

3. The Simmenthal Revolution Revisited: What Role for Constitutional Courts?

Darinka Piqani

4. Polish Civil Judiciary Vis-À-Vis The Preliminary Ruling Procedure: In Search of a Mid-Range Theory

Urszula Jaremba

5. National Courts and the Effectiveness of EU Law

Urška Šadl

PART II EU LAW IN MEMBER STATE COURTS: THE RECEPTION OF EU LAW IN OLD, NEW AND NON-EU STATES

6. Operationalizing the European Mandate of National Courts: Insights from the Netherlands

Monica Claes, Maartje De Visser and Marc De Werd

7. European Union Law Before National Judges: The Polish Experience. Adept Multicentric Vision or Creeping Hierarchical Practice

Marcin Górski

8. Judicial Reception of EU Law in Estonia

Tatjana Evas

9. “Emulate Thy Neighbour?” How Dialogues Between the CJEU and Non-EU Courts Could be Explained Through International Relations Theory

Allan F. Tatham

PART III CONTEMPORARY DYNAMICS IN THE LEGAL INTEGRATION OF EUROPE: NATIONAL COURTS’ ROLES IN PROTECTING FUNDAMENTAL RIGHTS AND IN THE AREA OF FREEDOM, SECURITY AND JUSTICE.

10. A Predicament for Domestic Courts: Caught Between the European Arrest Warrant and Fundamental Rights

Aida Torres Pérez

11. Immigration and Criminal Law: Is There a Judge in Luxembourg?

Rosa Raffaelli

12. Whither Judicial Europeanization? The Case of the Race Equality Directive

Costanza Hermanin

Index