Europe in national courts

Abstract

Historically, national courts in Member States of the European Union had been described as allies of the Court of Justice of the European Union (CJEU), fostering the application of supranational law in Member States even against the interests of national governments. However, more recent work suggests that the relationship between the CJEU and national courts is not always as amicable as earlier scholarship suggested. National courts differ in when and how they engage with the CJEU through the preliminary reference procedure, and some national courts signal a willingness to diverge from the CJEU’s interpretations of EU law when they decide their cases. The panel invites empirical and theoretical contributions (1) identifying the drivers of variation in relationships between national courts and the CJEU and (2) analysing how the CJEU responds when national courts appear reluctant to follow its case law.

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