Impact through Trust: The CJEU as a Trust-enhancing Institution

Abstract

This chapter gives an original response to one of the central questions asked in this book: to what extent does the Court of Justice of the European Union (CJEU) impact domestic political and legal systems and what are its implications? More specifically, how might the CJEU increase the impact of its rulings and legal mandates in national judiciaries and legal systems? This question is crucial if we understand that national courts are the key decentralised enforcers of the European Union (EU) law responsible for ensuring the effectiveness of EU law and the rulings and mandates imposed by the Court. EU scholars have already offered several legalist and institutionalist responses to why national courts participate in this process of legal integration in the EU and, most importantly, why they follow the mandates and rulings from the CJEU. This chapter innovates in this regard by introducing trust between judges as a new mechanism for enhancing the cooperation and compliance by national courts with the CJEU jurisprudence and EU legal mandates. The chapter describes the conditions under which national judges trust the CJEU to identify how the Court can promote trust in its role as a supreme adjudicator in the EU law system.

OriginalsprogEngelsk
TitelInternational Courts and Domestic Politics
RedaktørerMarlene Wind
Antal sider19
ForlagCambridge University Press
Publikationsdato1 jan. 2018
Sider160-178
ISBN (Trykt)9781108427760
ISBN (Elektronisk)9781108590396
DOI
StatusUdgivet - 1 jan. 2018
NavnStudies on International Courts and Tribunals

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