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ECPR

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Gambling for Europe? Analysing National Courts’ Decisions Under Political and Institutional Constraints

Juan Antonio Mayoral
Carlos III-Juan March Institute of Social Sciences – IC3JM
Juan Antonio Mayoral
Carlos III-Juan March Institute of Social Sciences – IC3JM

Abstract

Citizens and interest groups hold in their hands a powerful weapon to enforce European regulation when courts become involved in the process of EU law implementation. Therefore, this important role of national courts is crucial to understand the conditions under which national courts enforce EU law, and to unveil the dynamics of the judicial implementation of EU legislation. The central purpose of this paper is to understand and give empirical evidence of the main mechanisms behind the enforcement of EU law by national courts. The paper will consider the diverse macro, meso and micro institutional and political characteristics that play a part in the judicial decision-making. Moreover, the analysis will explore the application of EU law in EU-25 Member States, with especial consideration of high courts due to their relevant role as allocators of policies.