The Court of Justice of the European Union and national courts as enforcers of EU law

Frans van Dijk, Kees Sterk

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

The enforcement of EU legislation is dependent on the functioning of the courts at national and EU level. The courts must ensure effective legal protection of the citizens of the Union and the consistent interpretation and application of EU law. In this chapter we focus on judicial independence as essential for the enforcement of EU law but also discuss the functionality of the judicial system of the EU in a broad sense, including for instance timeliness. We then discuss the main challenges for the judiciary. These main challenges are the independence of national courts, the development of a common judicial culture in the EU and the balance between the State powers at EU level. We examine the needs for further research. The chapter combines a legal perspective with a discussion of behavioural aspects that underlie the decisions of the main actors.
Original languageEnglish
Title of host publicationResearch Handbook on the Enforcement of EU Law
EditorsMiroslava Scholten
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Chapter8
Pages123-138
Number of pages15
ISBN (Electronic)9781802208030
ISBN (Print)9781802208023
DOIs
Publication statusPublished - 21 Sept 2023

Publication series

NameResearch Handbooks in European Law
PublisherEdward Elgar Publishing

Keywords

  • Court of Justice of the European Union
  • national courts
  • judicial independence
  • litgation in the EU
  • timeliness
  • judicial culture

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